DAVIS, BARDEEN & CO., 

White Memorial Building, Vanderbilt Square, 
SYRACUSE, N. Y. 






LIBRARY OF CONGRESS,! 

. 3K«t — 

•| UNITED STATES OF AMERICA.! 
T E A'fe !nSx^^*^v^ A *^ ^ ^ 

W FOR CENTRAL NEW YORK. 

All kinds of School Apparatus kept constantly in stock, from 
Black-boa'rd Cravons to costly Electric Maclun. 
Come and see before purchasing elsewhere. 

Maaazines and New Books received as soon as issued. 
Magazines ana i s ^ ed m be ordered and 

promptly furnished. School Supplies 
and Books for Libraries fur- 
nished at low rates. 

Call or Write for anything you want. Ho Trouble to slow Books or give information, 



A NEW BASIS OF PRICES. 



School Bulletin Publications. 



1. The Bulletin Blank Speller.— This contains 40 pages, octavo size, 
and is bound in Stiff Covers, so that it may be written in when laid upon 
the knee. It is ruled for 70 lessons of 25 words each, with additional pages 
for misspelled words. It also contains rules for spelling, lists of misspelled 
words, etc. Of its general character and utility, we need only say that it 
was prepared by Principal H. B. Buckham, of the Buffalo State Normal 
School. At his desire, the price has been made less than one-half the usual 
charge for books of such a size, and we confidently rely upon an extensive 
sale in every county of the State. Price, 15 cts. each; $10.00 per hundred, 
net. 

2. The Bulletin Composition Book.— -This is similar to the above, and 
prepared by the same author. It is ruled for correction by a system of 
time-saving* marks, each of which points out a particular fault. Price as 
above, 15 cts. each; £10.00 per hundred, net. 

3. The Bulletin Writing Pad.— We sold Ten Thousand of these last 
term, sending them to Adelphi Academy, Brooklyn; St. Lawrence University; 
the Buffalo Normal School, and to every part of the State. Each pad con- 
tains 96 leaves, 192 pages, S% in. by 6. In lots of 500, a special back will be 
printed, when desired, giving the name of the school, regulations, etc. 
Price. $G.0f) per hundred. 

4. Tin: Bulletin' School Ruler.— These are one foot long, one inch 
wide, printed on manilla tag-board (or 6 inches long, 1 inch wide, on very 
heavy cardboard, as preferred), with inches and-metres on one side, and an 
immense amount of statistical information on the other. Price, 3 cts. 
each: $1.00 per hundred. 

5. The Bulletin Book-Keeping Blanks. — Day-Book, Journal and 
Ledger, each 36 pages, ruled for Single or Double Entry, and sufficient for a 
term's work. Price, 15 cents each. 

6. The Bulletin Class Register.— For several years, one thousand of 
these registers, designed by S>pt. Edward Smith, have been used annually 
in the Public Schools of Syracuse, no other kind being employed for any 
purpose whatever. Each "one gives a dailv register. of 3(i0 pupils for 20 

3, or of 180 pupils for 40 weeks, or of 90 pupils for 80 weeks, etc. It 
is the simplot, neatest, and cheapest Class Register made. Price, 25 cts. 
each. 

7. Tick Institute Song Budget, Enlarge© Edition.— Nineteen thou- 
sand copies of ihis hook having been sold, a new edition is now ready, con- 
taining cmerhalf moi e than former editions, but sold ar the same price. It 
now contain- 107 songs, 5 full-page and manv smaller illustrations. 
Price. 10.00 per hundred, net. 

Illustrated Catalogue of the llnllttin Publications, some fifty in number, 
by mail, post-paid, for two thrie-cent stamps. 

DAVIS, BAEDEEN & CO., Publishers, Syracuse, N. Y. 



Showing the Original Counties of New York, Date of Organization, and how other Counties have grown .out of them, and their Date of Organization. 



New York. . .(original). . 1683. 

Kings (original) .Kin::. 

Hiolmiond... (original).. 1083. 

Queens (original )..1083. 

Suffolk (original).. 1083. 

Westchester(original)..1683. 

Duchess (original).. H 



Albany (original) . . 



..1812 
..1798 



Columbia 1T86 

Rensselaer 1791 

Saratoga 1791 

Schenectady 1809 

Tryon 1772 

changed to 
Montgomery 1784 



Charlotte 1772 

changed to 

Washington 1784.. 

Part of Schoharie.. 1798 
Part of Greene... .1800.. 
Part of Greene.... 1800. 

Sullivan 1809 

Part of Delaware. . . . 1797 . 



BY HENRY C. NORTHAM. 



Yates 1823 

Part of Monroe.. 1821.. 



" Livingston. 1821.. 



Chautauqua 1808 

Niagara .. 



Orleans 

Wyoming. . 

Part of Livingston. 1821.. 

Part of Monroe.. 1821. 



17g9 J Steuben 1796 . . . Part of Sohi 

[Part of Wayne.. 1823 

( Cortland . 
(Onondaga 1794 .. < Cayuga . . 



| Part of Os 
. -I Jefferson 
: ( Lewis 



n J Part of Tompkin 
Chemung 



Hamilton 1816 : 

| Part of St.Lawrencel802 : : 

f Fulton 1838 ( Part of St. Lawrence. 1802: I 

Clinton 1788 ....J. Essex 1799 : 

'Warren 1813 (Franklin 1808 : 



■'..ml keneca 1804. i P«*°' Wayne 1823! 

( Part Tomp.. 1817.] TompkslS17. 



..1805 
..1806 



..Part of Schuyler 1854 



out of them, and their Date of Organization. 



1806 

i 1808 

1808 

1808.. ■! Erie. 

* 1824. 

1841. 

igston.1821.... 



.1821 



roe.. 1821. 



ler .1854. 



ego. 
ego . 



. 1808 
. . 1779 
.1816.. 

..1816.. 
. . 1805 
..1805 

. . 1806 



( Part Tomp.. 1817, 



:\ 



\ Seneca 1804. i F& «°*?L*J™ IB 1 



1 Tompk's 1S17 . 



; . . Part of Schuyler 1854 



Schuyler.. 1854. 



CIVIL GOVERNMENT 

FOR 

Common Schools, 



PREPARED AS A MANUAL FOR 



PUBLIC INSTRUCTION 



STATE OF NEW YORK, 

To which is appended the Constitution of the State of 
New York as recently amended. 



HENRY C. NORTHAM, 

fl 

Conductor of Teachers' Institutes. 



° N G£> 



SYRACUSE, N. Y.: 

DAVIS, BARDEEN & CO., PUBLISHERS. 

1877. 



Copyright, 1877, by H. C. Northam. 



\ 



$6* 



I.— Introduction. 



Officers are elected 
to administer the<( 
government for 



The following are 
names given to 
some of the dif- 
ferent kinds of 
districts in the 
State of N.York 



I. The United States. 

II. Each State. 

III. Counties. 

IV. Cities. 

V. Towns. 
I^VI. Districts 

I. Road, School and 
Election Districts. 

II. School Commis- 
sioner Districts. 

III. Assembly districts 

IV. Senatorial " 

V. Congressional " 

VI. Judicial 
are the smallest dis- 



Question. Which 
tricts named ? 

A. Road, School and Election districts. 

Q. What is a road district ? 

A. A portion of a town placed under the 
charge of an officer, whose duty it is to see 
that the roads are kept in good condition. 

Q. What is a school district ? 

A. A portion of a town or city, placed 
under the care of officers, whose duties are 



6 Introduction. 



to maintain a public school in and for the 
district. 

Q. What is an Election district ? 

A. A whole or part of a town, in which 
all the voting is done at one poll. 

Q. What is a School commissioner dis- 
trict ? 

A. A whole or a portion of a county, un- 
der the jurisdiction of a school commis- 
sioner. 

Q. What is an Assembly district ? 

A. A whole or a portion of a county set 
off for the purpose of electing a "Member of 
the Assembly," except Fulton and Hamil- 
ton, which together form one district, and 
elect one member. 

Q. What is a Senatorial district ? 

A. A portion of a county, a whole coun- 
ty, or several counties combined for the 
purpose of electing a Senator ; the amount 
of territory depending upon population. 

Q. What is a Congressional district ? ♦ 
A. A portion of a county, a whole coun- 
ty, or several counties combined for the 
purpose of electing a " Representative in 
Congress ;" the amount of territory depend- 
ing upon population. 

Q. What is a Judicial district ? 

A. One county (as in the case of New 
York), or several counties united for the 



Civil Government 



purpose of electing Supreme Court Judges. 

Q. Name the civil divisions in regular or- 
der and tell what a combination of each 
forms ? 

A. Road and school districts form towns; 
towns when united form counties ; coun- 
ties when united form a State ; and also in 
many instances, Senatorial, Congressional 
and Judicial districts. States when united 
form a Union. 

Q. How many States are there ? 

A. Thirty-eight. 

Q. How many counties in New York 
State ? 

A. Sixty. 

Q. How many towns in New York State? 

A. Nine hundred and forty ; the num- 
ber is changing from year to year ; the ex- 
act number can be found by consulting the 
almanacs that give the election returns. 

Q. How many cities in the State of New 
York ? 

A. Twenty-four. 

Q. How many School Commissioner dis- 
tricts in New York State ? 

A One hundred and twelve. 

Q. How many Assembly districts ? 

A. One hundred and twenty-eight. 
Q. How many Senatorial districts ? 

B. Thirty- two. 



8 Introduction. 



Q. How many Judicial districts? 

A. Eight. 

Q. How many Congressional districts ? 

A. Thirty-three. 

Q. How many School districts in New 
York State ? 

A. About twelve thousand. 

Q. By what authority are counties organ- 
ized ? 

A. By the State Legislature. 

Q. How are Towns formed ? 

A. By an act of the board of supervisors. 

Q. By whom are School districts formed? 

A. Generally by the school commission- 
ters, someimes assisted by the supervisor 
and townclerk of the town; sometimes by 
special legislation. 

A. What power defines the number of 
Assembly, Senatorial and Judicial districts? 

A. The State Constitution. 

Q. What power decides upon the num- 
ber of Congressional districts ? 

A. The Congress of the United States. 



Note. — The following table will be the guide for ques- 
tioning through all the succeeding pages : 
I. Name of office. 

II. Number of Officials holding the same office at the 
same time. 

III. Term of office. 

IV. Eligibility. 

V. Duties. 

VI. Salary or how paid. 



II— Ttae School ©Isrict. 



Q. What is a school district ? 

Q. How many school districts in your 
town ? 

Q. How many school districts in .your 
county ? 

Q. How many school districts in New 
York State? 

Q. What are the names of the officers in 
a school district ? 

A. I. Trustee or trustees ; or a board of 
education. 
II. Clerk. 

III. Collector. 

IV. Librarian. 

Q. What is the number of officials hold- 
ing the same office at the same time? 
A. I. One or three trustees, as a district 
decides. If a board of education, it 
may be not less than three nor more 
than nine. 
II. One clerk. 

III. One collector. 

IV. One librarian. 

Q. What are the names of those districts 
in which there is a board of education ? 



io The School District. 

A. Union free school districts ; and they 
are allowed to have an additional officer, 
called a treasurer. 

Q. What is the term of office of each ? 
A. I. If there be only one trustee, his 
term is one year. 
II. If there be three trustees, the term is 
three years, one being elected each 
year ; if the board of education con- 
sists of six or nine members, the term 
is three years ; one third of the num- 
ber being elected each year. 
III. Clerk, collector and librarian, each hold 
the office for one year. 
Q. Who are eligible to school offices in 
this state ? 

A. None but males ; they must be twen- 
ty-one years of age ; and trustees can hold 
no other school office. 

Q. What are some of the duties of school 
district officers ? 

TRUSTEES. 

A. I. To hold and keep district property 
for the use of the school. 
II. To hire and pay a qualified teacher or 
teachers, and maintain a school for at 
least twenty-eight weeks during the 
school year. 
III. To make to the school commissionei 
an annual report between the first and 



Civil Government. n 

second Tuesdays of October in each 
year. 
IV. To make out all district taxes and issue 
a warrant for their collection, etc., etc. 

CLERK. 

I. To record the proceedings of the dis- 
trict. 
II. To give notice according to law of an- 
nual and special meetings. 

III. To notify each person "elected or ap- 
pointed to office, and also to report 
their names and post-office address to 
the town clerk. 

IV. To notify the trustees of every resig- 
nation accepted by the supervisor. 

V. To keep and preserve all books, records 
and papers belonging to his office, and 
to deliver the same to his successor, 
etc., etc. 

COLLECTOR. 

I. To collect all district taxes made out 
by trustees and placed in his hands. 
II To pay out the money as directed by 
their order. 

LIBRARIAN. 

To have charge and supervision of the 

school district library. 
Q. What is the salary of these officers 
and how paid ? 



12 The School District. 

A. The collector only is entitled to pay ; 
he receives one per cent, on all moneys col- 
lected during the first fourteen days after 
advertising ; after that time five per cent. 

Q. How shall we find hereafter that offi- 
cers are paid ? 

A. Some are paid a salary ; some by the 
day ; some by a fee ; some by a per cent. 

Q. What is meant by a salary ? a fee ? a 
per cent ? 

Q. How can a school district having 
three trustees change to one trustee ? 

Q. Can a district having a sole trustee 
change back and legally elect three ? 

[Note. — All questions unanswered here, should be studied 
by teachers very carefully, and the correct answers obtained. 
They should also introduce many others that will be sugges- 
ted by the lesson.] 



III.— The Town. 

Q. What is a town ? 

Q. How many towns in your county ? 

Q. How many towns in New York State ? 

Q. What are the names of the officers in 
a town, the number of officials in each, and 
their terms of office ? 

A. I. One supervisor, elected for one 
year. 
II. One town clerk, elected for one year. 

III. Four justices of the peace, elected for 
four years. 

IV. Three assessors, elected for three years. 
V. One or three highway commissioners, 

as the electors may determine ; if one 
be elected, the term is one year ; if 
three, the term is three years. 

VI. One or two overseers of the poor, as 
the electors may determine ; term one 
year. 

VII. One collector, elected for one year. 

VIII. Constables, not to exceed five; term 
one year. 

IX. One game constable ; term one year. 
X. Three town auditors ; term one year. 

XL Three excise commissioners ; term 
three years. 



14 Civil Government 

XII. Three inspectors of election ; term 
one year ; and in some villages and 
cities a sealer of weights. and measures. 
Q. What are some of their duties ? 

I. SUPERVISORS. 

I. To receive the school money belonging 

to the town, and pay it out by order of 
the trustees. 

II. To receive other money belonging to 

the town, and disburse the same accord- 
ing to law. 

III. To meet with the other supervisors of 
the county as a " board of county can- 
vassers." 

IV. To meet with the other supervisors of 
the county as a " board of supervisors ; 
to audit all lawful accounts against the 
county, make out the tax lists and cause 
them to be collected ; and perform such 
other acts of legislation as the consti- 
tution and statute laws have conferred 
upon them. 

II. TOWN CLERK. 

I. To keep the records of the town. 

II. To keep in his custody such books and 
papers as belong to the town. 

III. To act as clerk of the town meetings. 

IV. To file such papers as properly belong 



The Town. 15 



to his office ; and to perform the gen- 
eral clerical duties for the town. 

III. JUSTICES OF THE PEACE. 

I. To be the judicial officers for the town. 
II. To issue warrants for the arrest of 
persons accused of committing crimes, 
and also summonses for the purpose of 
bringing before them persons for trial 
in civil actions. 
III. To take acknowledgment of conveyan- 
ces, administer oaths, act as inspectors 
at the town meeting, etc. 

IV. ASSESSORS. 

I. To make an inventory of the real estate in 

the town, naming the number of acres 
owned by each person, and fixing upon 
the same a valuation in proportion to 
its worth. 

II. To make an inventory of the personal 

property held by the several persons in 
town, such as notes, mortgages, &c, 
which with the real estate forms the 
basis for taxes. 

V. HIGHWAY COMMISSIONERS. 

I. To have the care and general super- 
vision of the highways and bridges. 
II. To lay out new roads, when directed by 
a j ury legally called for that purpose and 



1 6 Civil Government. 

discontinue others when directed by 
the same authority. 
III. To divide the town into districts, and 
appoint overseers for the same. 

VI. OVERSEERS OF THE POOR. 

To look after and provide for, either at 
home or in the county house, such as 
are in indigent circumstances. 

VII. COLLECTOR. 

I. To give a bond to the supervisor for 

double the amount to be collected, with 
one or more sureties for the faithful 
performance of his duties. 

II. To receive the tax list and warrant and 

collect the tax and pay it over as di- 
rected. 

VIII. CONSTABLES. 

I. To serve summonses issued by the jus- 

tices. 

II. To arrest and bring prisoners before a 

justice, and to have the custody of them. 

III. To collect moneys upon executions, 
and if necessary to sell property to sat- 
isfy the same. 

IV. To see that order is preserved in the 
community 

V. To attend the higher courts in their 

official capacity when directed by the 
sheriff. 



The Town. 17 



IX. GAME CONSTABLE. 

To look after and prosecute for the vio- 
lation of the game laws. 

X. TOWN AUDITORS. 

To examine the accounts of the town 
officers and pass upon the same. 

XI. EXCISE COMMISSIONERS. 

To meet and act upon petitions asking 
for the privilege of selling spirituous 
liquors. 

XII. INSPECTORS OF ELECTION. 

I. To preside at the annual election, receive 

the votes legally presented, and deposit 
them in boxes prepared for that pur- 
pose. 

II. To count the ballots at the close of the 

election, make a true statement there- 
of, and transmit it to the "board of 
canvassers." 

Q. How are these officers paid ? 

A. I. Supervisors receive three dollars 
per day for county services, and two 
dollars per day for town services, and 
are entitled to extras for copying as- 
sessment roll and paying out school 
money. 
II. Town clerks are paid by the day for ser- 
vices ; also a fee for recording and 
filing papers. 



1 8 Civil Government 

III. Justices, mostly paid by fees ; as offi- 
cers of the town meeting they are paid 
by the day. 

IV. Collectors receive a percentage for 
collecting the money. 

V. Constables receive a fee, a percentage, 
and for some services are paid by the 
day. 

VI. Game constables receive a portion of 
the fine money collected by reason of 
their prosecutions. 

VII. All the remaining officers are paid 
for their services by the day. 

Q. What must all these officers do before 
entering upon their duties ? 

A. They must qualify ; that is, take the 
oath of office. 

Q. What is the oath of office ? 
A. See state constitution, art. XII, sec. I. 
Q. Who can administer the oath of office ? 
A. I. The county clerk administers the 
oath to the justices of the peace. 
II. A justice of the peace administers the 
oath to all other town officers, except 
inspectors of election. 
III. The chairman of the inspectors of elec- 
tion administers the oath to the other 
inspectors, and one of the others in 
turn administers it to the chairman. 
Q. How many supervisors in the towns 
of the state ? 



The Town. 19 



Q. How many supervisors in the cities 
of the state ? 

Q. How many justices of the peace in 
the state ? 



IV.— The County. 



Q. What is a county ? 
Q. By what authority organized ? 
Q. How many counties in the state ? 
Q. When was the colony of New York 
first divided into counties ? 
A. In 1683. 

Q. How many counties were established 
in 1683 and their names ? 

A. Ten : viz, Kings, Queens, Suffolk, New 
York, Richmond, Westchester, Dutchess, 
Albany, Ulster and Orange. 

Q. What are these counties called ? 
A. Original counties. 
Q. What are the names of the county 
offices, the number of officials in the same 
office, and their term ? 

A. I. One sheriff, term is three years. 
II. One county judge, term is six years : 
in a few counties there are special 
judges; same length of term. 
III. In counties containing more than 
forty thousand inhabitants a surrogate 
may be elected ; in counties containing 
less than forty thousand inhabitants, the 
county judge performs the duties of 



The County. 21 



judge and surrogate ; the term of sur- 
rogate is six years ; in a few counties 
there are special surrogates. 

IV. One county clerk ; term is three 

years. 
V. One treasurer ; term is three years. 

VI. One district attorney ; term is three 

years. 
VII. Four coroners ; term is three years. 
VIII. One or three superintendents of the 
poor ; term is three years. 

IX. Two justices of sessions ; term is 
one year. 
X. One school commissioner for each 
commissioner district ; term is three 
years. 

Q. What about the eligibility of these 
officers ? 

A. I. The sheriff is prohibited from hold- 
ing the same office for a succeeding 
term, neither can he hold any other 
office at the same time. Const., Art. 
X, Sec. 1. 

II. No county judge can hold the office 
longer than the last day of December 
succeeding his seventieth birthday. 
Art. VI, Sec. 13. 
III. No person, except a counselor at law 
in the supreme court, can hold the 
office of district attorney, if there be 



22 Civil Government. 

such an one in the county ; if there be 
none, then an attorney may be elected. 

IV. Supervisors and county treasurers 
cannot hold the office of county super- 
intendent of the poor. 
V. No sheriff, under sheriff, deputy, 
sheriff's clerk or coroner can practice 
as counselor at law during his term of 
office. 

VI. Justices of the sessions must be act- 
ing justices of the peace in their re- 
spective towns. 
VII. There are no other prohibitions in 
regard to age or re-election of county 
officers. 
Q. What are some of their duties. 

I. SHERIFF. 

A. I. He is the executive officer of the 

county. 
II. By himself or by his deputies, executes 

civil and criminal processes throughout 

the county. 

III. Has charge of the jail and prisoners. 

IV. Attends courts, and keeps the peace. 
V. Must be present by himself or under- 
sheriff, at the drawing of jurors, and 
cause them to be legally summoned. 

II. JUDGE. 

I. He is the presiding officer in the 
county court. 



The County, 23 



II. He may with two justices of sessions, 
hold Courts of Sessions, with such 
criminal jurisdiction as the Legislature 
may prescribe. 
I [I. The county judge of any county may 
preside at Courts of Sessions, or hold 
County Courts, in any other county 
except New York and Kings, when re- 
quested by the judge of such other 
county. Art. VI, Sec. 15. 

III. SURROGATE. 

I. Takes proof of wills of real or per- 
sonal property. 

II. Grants letters testamentary or admin- 
istrative. 

III. Attends generally to the settlement 
of the estates of deceased persons. 

IV. COUNTY CLERK. 

I. He is the clerk of the courts held in 
and for the county, namely : Circuit, 
Oyer and Terminer, County Court and 
Court of Sessions, and the Special 
Term. 
II. Administers the oath to jurors and 
witnesses. 

III. Records the judgments of the courts. 

IV. Draws the grand and petit juries and 
makes a return of the same. 

V. Records mortgages, deeds, satisfac- 
tion papers, &c. 



24 Civil Government. 

V. TREASURER. 

I. Receives the moneys collected by the 
several town collectors for county and 
state taxes. 

II. Pays over to the comptroller the 
amount going to the state. 

III. Pays out the amount due the county, 
as directed by law. 

IV. Receives from the comptroller the 
school money due the county, and pays 
the same over to the several super- 
visors, as directed by the school com- 
missioner's certificate. 

V. Makes a general statement of the 
financial affairs of his office to the 
board of supervisors, annually. 

VI. DISTRICT ATTORNEY. 

I. He is the attorney for the county. 
II. Presents complaints made to him ac- 
cusing parties of crime, to the grand 
jury. 

III. Draws " bills of indictment" when 
found by the grand jury. 

IV. Tries indicted parties in the Oyer 
and Terminer, and Court of Sessions. 

VII. CORONERS. 

I. Look after and inquire into all mat- 
ters concerning persons slain, or who 
have died mysteriously. 



The County. 25 



II. Summon a jury, subpoena witnesses, 
and ascertain as far as possible all the 
facts in regard to the death. 

III. In case of a vacancy in the office of 
sheriff, and there being no under 
sheriff, one of the coroners designated 
by the county judge, performs the 
duties of sheriff until said vacancy be 
filled by election or appointment. 

IV. Have power to arrest the sheriff upon 
criminal processes. 

VIII. SUPERINTENDENTS OF THE POOR. 

Have the general care of the county poor 
house ; appoint persons to take charge 
of the same ; and render an account 
annually to the " board of supervisors " 
of their doings. 

IX. JUSTICES OF SESSIONS. 

I. Sit upon the bench with the county 
judge in the Court of Sessions and with 
the Supreme Court judge in the Oyer 
and Terminer, for the trial of such 
criminals as have been indicted by a 
grand jury. 
II. The law gives them just as much 
power in the decision of questions as 
the judge. 

X. SCHOOL COMMISSIONERS. 

I. Apportion the school moneys among 
the several districts in the county. 



26 Civil Government. 

II. Make an annual report to the superin- 
tendent of public instruction, contain- 
ing all the statistics embraced in the 
several reports from the trustees of his 
district. 

III. Visit and examine all the schools and 
school districts within their districts 
as often in each year as shall be prac- 
ticable ; inquire into all matters re- 
lating to the management, the course 
of study and mode of instruction, the 
text books used and the discipline of 
such schools. 

IV. Examine in regard to the "moral 
character," "learning" "and ability to 
teach," persons proposing to teach pub- 
lic schools in their districts ; and if 
they find them qualified, grant them cer- 
tificates in the form prescribed by the 
superintendent. 

V. Form new districts, or change the 
boundary lines of old ones. 

VI. Organize at least once each year, 
or in concert with one or more com- 
missioners in the same county, a 
" teachers' institute," and induce if pos- 
sible all the teachers in their districts 
to be present and take part in its exer- 
cises. 
Q. What are the salaries of each of these 
officers, or how paid ? 



The County. 27 



I. SHERIFF. 

A. I. Receives a fee on all papers served. 
II. Receives a per cent on money col- 
lected on executions. 

II. JUDGE. 

'.* Receives a salary established by the 
legislature, varying in different counties 
according to population and business. 

III. SURROGATE. 

I. Receives a salary, varying in different 
counties, according to business. 

II. When the judge performs the duties 
of surrogate the one salary suffices for 
all the duties performed. 

III. The surrogate is entitled to a clerk. 

IV. COUNTY CLERK. 

I. Receives a fee for all papers recorded. 

II. Receives a fee for administering oaths 
in court. 

III. Is paid extra for copying or re-index- 
ing old records. 

V. TREASURER. 

I. Receives such compensation as shall 
be fixed upon by the " board of super- 
visors" of the county, not exceeding* 
the one-half of one per cent for receiv- 
ing and the one-half of one per cent 



28 Civil Government. 

for disbursing all moneys belonging to 
the county. 
II. Is entitled to one-half of one per 
cent for receiving, and one-half of one 
per cent for disbursing all moneys 
belonging to the state ; but in no case 
shall the sum exceed five hundred dol- 
lars. 

VI. DISTRICT ATTORNEY. 

I. A salary fixed by the board of super- 
visors, when they resolve so to do. 
II. Can try civil causes, when not engaged 
officially, receiving as his own the fees 
for the same. 

VII. CORONERS. 

I. For holding inquests, they are entitled 
to a reasonable compensation to be 
audited and allowed by the board of 
supervisors. 
II. For performing sheriff's duties, they 
are entitled to same fees as sheriff. 

VIII. SUPERINTENDENT OF THE POOR. 

Paid by the day. 

IX. JUSTICES OF SESSIONS. 

Three dollars a day. 

X. SCHOOL COMMISSIONERS. 

I. A salary of eight hundred dollars a 
year, estaolished by law. 



The County. 29 



II. Supervisors are required to audit and 
allow two hundred dollars extra for 
expenses. 
III. A majority of the supervisors of any 
school commissioner district may in- 
crease the salary of said school com- 
missioner ; the increased salary must 
be levied upon the towns composing 
such commissioner district. 
Q. What must county officers do, before 
entering upon the duties of their office ? 

A. Take the oath prescribed by State 
Constitution in Art. XII, Sec. 1. 

Q. What county officers are required in 
addition to the oath prescribed to execute 
a bond for the faithful performance of their 
duties ? 

A. Sheriff, county treasurer, surrogate 
and county superintendents of the poor. 

Q. Who administers the " oath of office " 
to the county officers ? 
A. The county clerk. 
Q. In case of the re-election of the county 
clerk, before whom can he qualify ? 
A. The county judge. 
Q. Where are these oaths of office and 
bonds recorded ? 

A. In the county clerk's office. 
Q. Who is the sheriff of this county ? 
Q. Who is the present judge ; and what 
is his salary ? 



30 Civil Government. 

O. Is there a separate officer as surro- 
gate, and why ? 

Q. Who is the county clerk ? 

Q. Who is the county treasurer ? 

Q. Who is the district attorney ? 

Q. Who are the coroners ? 

Q. Who are the superintendents of the 
poor ? 

Q. Who are the justices of sessions ? 

Q. Who are the school commissioners ? 



IV.— A Table, 



Showing the salaries of 
county judges and surrogates 
at the present time, liable to 
by the legislature. 

JUDGE. 



Kings, 

Albany, 

Westchester, 

Erie, 

Rensselaer, 

Onondaga, 

Oneida, 

Monroe, 

Otsego, 

Saratoga, 

Ulster, 

Dutchess, 

Orange, 

Clinton, 

Columbia, 

Washington, 



$10,000 
4,500 

5,000 
4,000 



3,000 



the several 
of the State 
be changed 

SURROGATE. 

$10,000 
4,000 
4,000 
4,500 
4,000 

3,500 
3,500 

4,000 
2,500 
2,500 
3,000 

3,000 
3,000 

3,000 

2,500 



32 



Civil Government. 



Niagara, 


) 




2,000 


Jefferson, 




2,500 


2,500 


Queens, 


) 




3,000 


St. Lawrence, 


l 




$2,000 


Oswego, 




2,000 


Cayuga, 


> 


$2,000 


2,000 


Ontario, 


f 




1,500 


Chautauqua, 


J 




1,600 


Cattaraugus, 




1,500 


1,500 



The following are counties in which 
county judges act as surrogates : — 



Franklin, 

Lewis, 

Rockland, 

Schenectady, 

Warren, 

Wayne, 

Broome, 

Chemung, 

Chenango, 

Delaware, 

Greene, 

Herkimer, 

Livingston, 

Madison, 

Montgomery, 

Richmond, 

Steuben, 



} 



y $2,000 



3,000 



3,500 



A Table. 



33 



Cortland, > 




Essex, 




Genesee, 




Orleans, 




Schoharie, 




Seneca, 
Suffolk, 


> $2,500 


Sullivan, 




Tioga, _ 
Tompkins, 
Wyoming, J 




Putnam, 


| 


Schuyler, 
Yates, 


> 1,500 


Allegany, 


2,750 


Fulton, 


2,250 


Hamilton, 


800 



V.— The City. 



Q. 

A. 

Q- 

A. 



What is a city ? 
By what authority organized ? 
By- an act of the legislature. 
What instrument defines its powers ? 
A charter. 

What are the divisions of a city 
called ? 
A. Wards. 

Q. Name the cities in New York State 
and the number of wards in each ? 
Answer. 









Population 








in 1875. 


New York 


has 24 1 


ivards, 


1,046,037 


Brooklyn 


" 25 


a 


484,616 


Buffalo 


" 13 


u 


134,573 


Albany 


" 16 


a 


86,OI3 


Rochester 


" 16 


u 


81,673 


Troy 


" 13 


ii 


48,821 


Syracuse 


* 8 


<( 


48,3iS 


Utica 


" 10 


u 


32,070 


Oswego 


" 8 


a 


22,455 


Elmira 


a ? 


tt 


20,538 


Kingston 


" 9 


a 


20,474 


Poughkeepsie 


" 6 


u 


. i9>859 


Auburn 


« 7 


tt 


18,359 



The City. 



35 



Cohoes has 4 wards, 17,516 


Newburg * 


1 4 * *7&7 


Yonkers ' 


4 " 17,269 


Long Island City ' 


' 5 " 15,609 


Binghamton ' 


1 5 " 15,560 


Schenectady ' 


' 5 " i 2 ,748 


Lockport * 


' 4 " 12,624 


Rome ' 


' 5 " 11,922 


Ogdensburg ' 


1 4, Pop. in '70 10,076 


Watertown * 


1 4 wards, 10,041 


Hudson ' 


< 4 " 8,828 


The census for 


1880 'will change the 


above figures. 




Q. How populous must a village be, 


before it can be in 


corporated as a city. 


A. No definite 


number is required ; 


whenever a large 


oroportion of the inhabi- 


tants desire it, the 


legislature will grant a 



city charter. 

Q. What is the executive officer of a 
city called ? 

A, The Mayor. His term of office is one 
year, except in New York and Albany 
where it is two years. 

Q. What other important officers are 
elected ? 

A. Aldermen and Supervisors ; one each 
in every ward, unless otherwise ordered by 
their charter. 

Q. What officers form the common 
council ? 



36 Civil Government. 

A. Mayor and aldermen ; and they are 
the legislative body of the city ; they have 
authority to appoint police officers. 

Q. What courts exist in cities in addi- 
tion to those established for the State at 
large ? 

A. I. The Superior Court of the city of 
New York. 

II. The Court of Common Pleas for the 
city and county of New York. 

III. The Superior Court of Buffalo. 

IV. The City Court of Brooklyn. Const., 
Art. VI., Sec. 12. 

JURIES. 

Q. What is a jury ? 

A. A body of men selected according to 

law, arid sworn to inquire into and try any 

matter of fact, and declare the truth of it 

on the evidence given in the case. 

Q. Name some juries? 

A. I. One of six persons for the trial of 

causes in a Justice Court. 
II. One of twelve persons, summoned 
for the purpose of laying out new 
roads or discontinuing old ones. 
III. One of not less than six nor more 
than fifteen persons, summoned by the 
coroner, to inquire into the cause of 
any violent death. 



The City. 37 

IV. One of twelve men, called a petit 
jury, whose duty it is to try causes, 
civil or criminal, in the county court 
and sessions, or circuit and oyer and 
terminer. 
V. One called a grand jury of not less 
than sixteen nor more than twenty- 
three, whose duty it is to examine into 
accusations against persons charged 
with crime, and if they find sufficient 
testimony to warrant it, to find a bill 
of indictment against them to be pre- 
sented to the court. 
Q. Name some qualifications requisite 
for jurors ? 

A. They must be freeholders, twenty- 
one years old. 

Q. Who are exempt from sitting on a 
jury ? 

A. Persons over sixty years of age, 
postmasters and many others. 

Q. How many are summoned for a 
justice court and by whom ? 

A. Twelve, and by a constable ; and 
from these twelve six are drawn. 

Q. Who selects and notifies the jury for 
laying out roads, &c? 

A. The highway commissioners. 
Q. By whom is the coroner's jury made 
out and summoned ? 



38 Civil Government. 

A. By the coroner. 

Q. How is the petit jury list obtained ? 

A. The supervisors, town clerk, and as- 
sessors of the several towns of the county, 
make out a list of the names of those per- 
sons qualified, and the names in the several 
lists are written upon slips of papers of the 
same size and deposited in a box in the 
county clerk's office. 

O. How is the grand jury list obtained ? 

A. The supervisors apportion the num- 
ber, (three hundred,) among the several 
towns in the county in proportion to 
population. Each supervisor selects from 
his town the number to which it is entitled ; 
and these several lists are written upon 
slips of paper as before and deposited in a 
box in the county clerk's office. 

O. How frequently are the lists changed ? 

A. The petit jury list is changed once in 
three years ; the grand jury list every year. 

Q. When are these juries drawn ? 

A. At least thirty days' before the sitting 
of the court. 

O. How many are drawn ? 

A. Thirty-six petit and twenty four 
grand jurors. 

O. How is the jury for each individual 
case obtained ? 

A. The thirty-six petit jurors* names are 



The City. 39 

put into a box and the names are drawn 
out until twelve satisfactory persons are 
obtained. 

Q. How many of this jury must agree 
in a verdict ? 

A. The twelve must agree. 

Q. Who is the officer authorized to re- 
port the verdict ? 

A. The person they have elected fore- 
man. 

Q. In case the twelve jurymen do not 
agree, what will be done ? 

A. When the judge is satisfied that the 
jury will not agree he will discharge them. 

Q. What will be done with the case 
then ? 

A. Another trial will take place with a 
different jury, unless the suit be discon- 
tinued. 

Q. Who is the presiding officer of the 
grand jury ? 

A. The foreman, and he is appointed by 
the judge who presides at that court. 

Q. What other officer does this jury 
have ? 

A. A clerk, one of their number, who 
writes out the testimony as it is given. 

Q. Who can be present with this jury? 

A. Only the witness who is being ex- 
amined, and the district attorney, if desired 



40 Civil Government. 

by the jury ; but none except jurors can be 
present wheh they ballot in regard to a bill. 

Q. What is done with a bill of indict- 
ment when found ? 

A. It is handed over to the court, and 
the sheriff will cause the arrest of the 
person, unless he be already in custody. 



VII.— State. 



Q. Upon what is the state government 
based ? 

A. Upon a constitution adopted by the 
people. 

Q. How many departments are provided 
for by the constitution ? 

A. Three ; the Legislative, Executive, 
and Judicial. 

Q. What are the divisions of the Legis- 
lative department ? 

A. The Assembly and the Senate. 

Q. What is the number of members in 
each body, and their term of office ? 

A. One hundred and twenty-eight mem- 
bers of the Assembly, elected for one year 
Thirty-two senators elected for two years. 
Art. III., Const. 

Q. When, and how is the number of 
members of the Assembly apportioned 
among the several counties ? 

A. Once in ten years by the Legislature 
immediately after taking the state census ; 
and as nearly as can be, according to popu- 
lation, excluding aliens, but giving to every 



42 Civil Goverment 

county except Hamilton at least one mem- 
ber. 

0. When and how is the number of 
members of the Senate, apportioned in the 
state ? 

A. At the same time, by the Legis- 
lature ; and as nearly as possible according 
to population. A Senatorial district some- 
times embraces a portion of a county, some- 
times a whole county ; at other times two or 
more counties ; but no county can be divi- 
ded, unless it can be equitably entitled to 
two or more members. 

The following apportionment was made 
by the Legislature in 1866, and has not 
been changed since the census of 1875 ; 
should the next Legislature make a new 
apportionment, it will remain in force until 
1886. 

SENATE DISTRICTS. 

I. The Counties of Suffolk, Queens 
and Richmond. • 
II. The First, Second, Third, Fourth, 
Fifth, Seventh, Eleventh, Thir- 
teenth, Fifteenth, Nineteenth, 
and Twentieth wards of the 
city of Brooklyn, in the county 
of Kings. 



State. 43 

III. The Sixth, Eighth, Ninth, Tenth, 
Twelfth, Fourteenth, Sixteenth, 
Seventeenth, Eighteenth,Twen- 
ty- first, Twenty-second, Twen- 
ty-third, Twenty-fourth, and 
Twenty fifth wards of the city of 
Brooklyn, and the country towns 
of Kings county. 

IV. The First, Second, Third, 
Fourth, Fifth, Sixth, Seventh, 
Thirteenth and Fourteenth, 
wards of the city of New York. 

V. The Eighth, Ninth, Fifteenth, 

and Sixteenth wards of the 
city of New York. 
VI. The Tenth, Eleventh and Seven- 
teenth wards of the city of New 
York. 

VII. The Eighteenth, Twentieth, and 
Twenty-first watds of the city 
of New York. 

VIII. The Twelfth, Nineteenth and 
Twenty-second wards of the 
city of New York. 
IX. The Twenty-third and Twenty- 
fourth wards of the city of New 
York, and the counties of Put- 
nam, Rockland and Westches- 
ter. 



44 Civil Government. 

X. The Counties of Orange and 
Sullivan. 
XI. The Counties of Columbia and 

Dutchess. 
XII. The Counties of Rensselaer and 
Washington. 

XIII. The County of Albany. 

XIV. The Counties of Greene and 

Ulster. 
XV. The Counties of Fulton, Hamil- 
ton, Montgomery, Saratoga and 
Schenectady. 
XVI. The Counties of Clinton, Essex 

and Warren. 
XVII. The Counties of Franklin and 
St. Lawrence. 
XVIII. The Counties of Jefferson and 
Lewis. 
XIX. The County of Oneida. 
XX. The Counties of Herkimer and 
Otsego. 
XXI. The Counties of Madison and 
Oswego. 
XXII. The Counties of Cortland and 
Onondaga. 

XXIII. The Counties of Chenango, Del- 

aware and Schoharie. 

XXIV. The Counties of Broome, Tioga, 

and Tompkins. 



State. 45 

XXV. The Counties of Cayuga and 
Wayne. 
XXVI. The Counties of Ontario, Sen- 
eca and Yates. 
XXVII. The Counties of Chenango, 

Schuyler and Steuben. 
XXVIII. The County of Monroe. 
XXIX. The Counties of Genesee, Niag- 
ara and Orleans. 
XXX. The Counties of Allegany, Liv- 
ingston and Wyoming. 
XXXI. The County of Erie. 
XXXII. The Counties of Cattaraugus and 
Chautauqua. 

THE ASSEMBLY. 

Allegany, Broome, Chemung, Chenango, 
Clinton, Cortland, Essex, Franklin, Fulton 
and Hamilton, Genesee, Greene, Herkimer, 
Lewis, Livingston, Montgomery, Orleans, 
Putnam, Richmond, Rockland, Schenec- 
tady, Schoharie, Schuyler, Seneca, Suffolk, 
Sullivan, Tioga, Tompkins, Warren, Wyom- 
ing and Yates are each (except Fulton and 
Hamilton, which are combined) one district. 

Cattaraugus, Cayuga, Chautauqua, Co- 
lumbia, Delaware, Dutchess, Jefferson, 
Madison, Niagara, Ontario, Orange, Otsego, 
Queens, Saratoga, Steuben, Washington 
and Wayne have each two districts. 



46 Civil Government. 

Monroe, Onondaga, Oswego, Rensselaer, 
St. Lawrence, Ulster and Westchester have 
each three disiricts 

Albany and Oneida have each four dis- 
tricts. 

Erie has five districts. 

Kings has nine districts. 

New York has twenty-one districts. 

In all, there are one hundred and twenty- 
eight assembly districts, each electing one 
member of the assembly. 

Q. What must be done in those counties 
that are entitled to two or more members ? 

A. The " boards of supervisors" of such 
counties, except the city and county of New 
York, must divide their respective counties 
into Assembly districts ; the number of dis- 
tricts being equal to the number of mem- 
bers heretofore apportioned by the Legis- 
lature to these several counties; the terri-. 
tory must be contiguous, and no town can 
be divided in the formation of districts. 

Q. By whom is the city and county of 
New York divided into districts ? 

A. By the " board of aldermen"; they 
meet for that purpose at such time as the 
Legislature shall designate. 

ELIGIBILITY. 

Q. Who are eligible to the Legislature ? 



State. A7 

A. The requirements are these. 

I. The candidate must be twenty-one 
years of age. 
II. He must not at the time of election, 
nor within one-hundred days previous 
thereto, have been a member of con- 
gress, a civil or military officer under 
the United States, or any officer un- 
der any city government. 
III. Should any person after his election 
to the Legislature be elected or ap- 
pointed to any of the offices just 
named, his acceptance thereof will 
vacate his seat in the Legislature. 

DUTIES. 

Q. What are some of the duties of the 
members of the assembly ? 
I. To take the oath of office. 
Art. XII., Sec. I Const. 
II. To organize by electing their presid- 
ing officer, who is called the speaker ; 
and who must be one of their number. 

III. To elect also the other officers, viz : 

a Clerk, Sergeant-at-Arms, Door- 
Keeper, and two assistant Door- 
Keepers ; persons not members of 
their body. 

IV. To have co-ordinate jurisdiction with 

the Senate in the enactment of laws. 



48 Civil Government. 

V. To prefer charges against officers for mis- 
conduct in office ; which is called im- 
peachment. 

ORGANIZATION. 

Q. Who calls the Assembly to order for 
the purpose of organization ? 

A. The Clerk of the last Assembly. 

O. Who furnishes the Clerk with an 
official list of the members elect ? 

A. The Secretary of State. 

Q. By whom is the oath of office admin- 
istered ? 

A. Usually by the Secretary of State. 
The oath may, however, be taken previously, 
before any Justice of the Supreme Court, 
Attorney-General, the Lieutenant Gover- 
nor, any Judge of a County Court,- the 
Mayor or Recorder of any city, or the Clerk 
of any county or Court of Record. The 
oath whenever taken must be duly sub- 
scribed, certified, and filed in the office of 
the Secretary of State. Members who are 
absent at the organization, may be sworn 
by the Speaker, if they have not previously 
taken the oath. 

O. By whom are the other officers ap- 
pointed ? 

A. By the Speaker, except those in the 
department of the Clerk ; he having power 
to appoint his own deputies. 



State. 49 



THE SENATE. 

Q. Who is the presiding officer in the 
Senate ? 

A. The Lieutenant-Governor, and he is 
called the President of the Senate. 

DUTIES. 

Q. What are some of the duties of the 
State Senate ? 

I. To elect the remaining officers, whose 
names and duties are about the same 
as in the Assembly. 
II. To have co-ordinate jurisdiction with 
the Assembly in enacting laws. 

III. To act as a court for the trial of im- 
peachments, associated with the judges 
of the Court of Appeals, and the Presi- 
dent of the Senate. 

IV. To confirm or reject appointments 
made by the Governor. 

V. To elect a temporary president when 
the Lieutenant-Governor shall not at- 
tend as president, or shall be called to 
act as Governor. 
Q. How many members must be present 
in each house to do business ? 

A. A majority, which is called a quorum. 

BILLS. 

Q. Where may bills originate ? 



50 Civil Government. 



A. Any bill may originate in either house 
of the Legislature. 

Q What is the difference between the 
Legislature of this state and Congress in 
this respect ? 

A. In Congress all bills for raising rev- 
enues must originate in the House of Rcp- 
resentatives. 

Q. What may either house do with bills 
originating in the other house ? 

A. Amend them ; but both houses must 
agree to the amendment or amendments, 
before they can become a law. 

Q. What is required in order that a bill 
may become a law ? 

I. The assent of a majori y of all the 
members elected to each branch of the 
Legislature, together with the appro- 
val of the Governor ; 
II. Or if he disapproves of it, that it be 
returned to the house in which it origi- 
nated, with his objections ; and, after 
reconsideration, if two-thirds of all the 
members elected to that house shall 
agree to pass the bill, it shall be sent 
to the other house by which it shall 
likewise be re considered, and if two- 
thirds of all its members approve of it, 
it shall become a law notwithstanding 
the objections of the Governor. 



State. 5 1 

III. If any bill shall not be returned by the 
Governor within ten days (Sundays 
excepted) after it shall have been pre- 
sented to him, it shall become a law in 
like manner as if he had signed it, un- 
less the Legislature, by adjourning, 
shall prevent its returning ; in which 
case it shall not become a law without 
the signature of the Governor. 

IV. No bill shall become a law after the 
final adjournment of the Legislature, 
unless approved by the Governor with- 
in thirty days after such adjourment. 

IMPEACHMENT. 

Q. What class of persons can be tried in 
the court of impeachment ? 

A. Public officers that have had charges 
preferred against them by the Assembly. 

Q. Of whom is the court of impeach- 
ment composed ? 

A. Of the Senators, or a majority of 
them, the Judges of the Court of Appeals, 
or a majority or them, and the Lieutenant- 
Governor; and two-thirds of all present must 
concur in order to convict. 

Q. When shall the Lieutenant-Governor 
not act as a member of this court ? 

A. When the Governor is being tried. 
He may be presumed to be an interested 



52 Civil Government. 

party, for if the Governor should be found 
guilty and be removed, the Lieutenant-Gov- 
ernor becomes Governor. 

O. What penalty can be inflicted by this 
court ? 

A. Removal from office, or removal from 
office and disqualification to hold and enjoy 
any office of honor, trust or profit, under 
this state. 

Q. Can such parties be further punished ? 

A. Yes ; they may be indicted, tried and 
punished according to law, by fine or im- 
prisonment, or both, according to the nature 
of the crime. 

VOTING. 

Q. Who are entitled to vote upon all 
questions in the Legislature ? 

A. All the members in the Assembly 
and Senate ; and this includes the Speaker 
of the Assembly. 

Q. When is the President of the Senate 
entitled to vote ? 

A. Upon questions on which the Senate 
is equally divided or tied. 

Q. Why should not the President of the 
Senate have a vote upon all questions ? 

A. Because he has not been elected a 
member of that body ; but becomes its pre- 
siding officer by virtue of the constitutional 



State. 53 

provision which makes the Lieutenant-Gov- 
ernor its president. 

KINDS OF VOTING. 

0. Name some of the kinds of voting 
practiced. 

1. By showing hands. 
II. By Acclamation. 

III. By dividing or separating the persons 

voting into two bodies. 
IV. By Ballot. 
V. By Ayes and Noes. 
VI. By Viva Voce. 

O. Where are the first three kinds of 
voting usually practiced ? 

A. In conventions of different kinds, pri- 
mary meetings, &c. 

Q. Where is the fourth kind of voting 
practiced ? 

A. Usually in the election of officers of 
different kinds. 

Q. Where is the fifth kind of voting used ? 

A. Usually in the Legislature and some 
other deliberative bodies, and in this way : 
the names of the persons entitled to vote 
are arranged alphabetically, and as the clerk 
calls the roll each member responds aye or 
nay as he wishes to vote for or against the 
bill or resolution. 



54 Civil Government. 

Q. When and how is the sixth kind of 
voting used ? 

A. In the election of United States Sena- 
tors, usually the Speaker of the Assembly, 
and a few other officers, and in this way : 
as the names of those entitled to vote are 
called, they respond by naming their can- 
didate. 

SALARY. 

Q. How are Assemblymen and Senators 

paid ? 

I. By a salary fixed by the constitution, of 
one thousand five hundred dollars, 
II. And one dollar for every ten miles trav- 
elled in going to and returning from the 
place of meeting, once in each session 
on the most usual route. 

III. Senators when covened in extraordinay 
session, or when serving as members 
of the Court of Impeachment, and such 
members of the Assembly, not exceed- 
ing nine in number, as shall be ap- 
pointed managers of an impeachment, 
shall receive ten dollars a day additional 
allowance. 

STATE. 

A tabular view of officers, showing the 
source from whence they derive their au- 
thority : 



o 
o 

4— ' 

a; as 



*< 



-4-> 
U 



State. 55 

Executive \ Governor. 

Presiding Officer j Lieut. Governor. 

f Secretary of State. 

| Comptroller. 

J 1 T*eH^nT6^T* 
Administrative< A _ ~ , 

« Attorney General. 

State Engineer and 

Surveyor. 

Judicial j JU ^ ea ^ the C ° Urt ° f 

Superintendent of Banking. 
Superintendent of Insurance. 
Canal Auditor. 
Superintendent of Prisons. 
Superintendent of Public Works. 
Notaries Public. 
State Assessors. 
Loan Commissioners. 
Canal Appraisers. 
Quarantine Commissioners. 
Trustees of State Institutions, and 
some others. 

j^~ f Superintendent of Public Instruc- 
-73 -° J tion. 

£ m c } Regents of the University, 
pq .£» (^United States Senators. 



W 



u 
o 

> 

o oJ 

J? u ^ 



4-» c 



!■§ 

"o 
a, 



56 Civil Government. 

Q. What are the first seven officers 
called ? 

A. They are called elective officers. 

Q. Why elective ? 

A. Because the officers are voted for di- 
rectly by the people. 

O. Why are the Sec. of State, Comp., 
Treasurer, &c. called administrative ? 

A. Because they assist the Governor in 
the administration and enforcement of the 
laws. 

Q. What are the Superintendent of Bank- 
ing, Insurance, &c, called. 

A. They are called appointive officers. 

Q. Why appointive ? 

A. Because these offices are filled by ap- 
pointment by the Governor subject to the 
ratification of the Senate. 

Q. What is meant by being elected in 
joint ballot ? 

A. Both houses (that is Senate and As- 
sembly) vote together as one body. 

Q. How many officials in the offices just 
named ? 

A. One of each of the following, viz : 
Gov., Lieut. Gov., Sec. of State, Comp., 
Treas., Atty.Gen., State Eng. and Surveyor, 
seven Judges of the Court of Appeals, one 
each of Banking, Insurance, Canal Auditor, 



State. 57 

Supt. of Prisons and Public Works. A 
large number of Notaries, two Loan Com- 
missioners for each County, three Canal 
Appraisers, one Superintendent of Public 
Instruction, nineteen Regents, and two 
United States Senators. 

TERM OF OFFICE. 

O. For how long a term are the Gover- 
nor and Lieutenant Governor elected ? 

A. For three years each. 

Q. For how long a term are the Sec. of 
State, Comp , Treas., Atty. Gen. and State 
Eng. and Surveyor elected ? 

A. For two years each. 

Q. For how long a term are the Super- 
intendents of Banking, Insurance and Canal 
Auditor appointed ? 

A. For three years. 

Q. For how long a term is the Supt. of 
Prisons appointed ? 

A. For five years. 

O. For how long a term is the Superin- 
tendent of Public Works appointed ? 

A. As long as the term of the Governor 
appointing him lasts. 

Q. For how long a term is the Superin- 
tendent of Public Instruction elected ? 

A. For three years. 



58 Civil Government. 



Q. For how long a term the Regents of 
the University? 
A. For life. 

ELIGIBILITY. 

Q. What about the eligibility of these 
officers ? 

A. The Governor and Lieutenant Gov- 
ernor must be thirty years of age, and shall 
have been for the five years next preceding 
their election residents of the State. 

Q. What are some of the duties of the 
Governor ? 

A. He is commander-in-chief of all the 
military and naval forces of the State, has 
power to convene the Legislature (or Senate 
only) on extraordinary occasions, commun- 
icates by message to the Legislature at 
every session the condition of the State, and 
recommends such measures as he deems 
expedient, transacts all necessary business 
with the officers of the government, civil 
and military, expedites all measures resolved 
upon by the Legislature, takes care that the 
laws are faithfully executed, and has the 
power of granting reprieves, commutations 
and pardons for crimes. 

Q. What are some of the duties of the 
Lieutenant Governor ? 

A. He is President of the Senate and has 



State. 59 

the casting vote therein, is a member of the 
canal board, is one of the commissioners of 
the Land Office, is one of the commission- 
ers of the Canal Fund, is one of the trus- 
tees of the Capitol, is one of the trustees of 
the Idiot Asylum, and, cx-officio, one of the 
Regents of the University, and member of 
the State Board of Charities. If the Gov- 
ernor dies, resigns, is impeached, or other- 
wise becomes unable to discharge the 
powers and duties of his office, they devolve 
upon the Lieutenant Governor for the res- 
idue of the term. 

Q. What are some of the duties of the 
Secretary of State ? 

A. He is the keeper of the record books 
and papers belonging to the State, receives 
and records all pardons, and other executive 
and legislative acts, election returns, etc., 
furnishes certified and printed copies to the 
United States, State and County officers, 
and other persons authorized to receive the 
same, supervises the printing of the laws 
passed each year, reports annually to the 
Legislature statistics of pauperism and 
crime, and other information which it may 
call for. He is a member of the Canal 
Board, a commissioner of the Land Office, 
a member of the Board of State Canvassers, 



60 Civil Government. 

a Regent of the University, a trustee of the 
Capitol, of the State Hall, of the Idiot 
Asylum, and of the Board of State Char- 
ities. 

Q. What are some of the duties of the 
Comptroller ? 

A t Superintends and manages the fiscal 
concerns of the State, reports to the Legis- 
lature its annual revenues, expenditures and 
estimates, audits, examines and settles ac- 
counts due to or from the State, directs and 
superintends the collection of taxes and 
other moneys, draws warrants on the Treas- 
urer for the payments of debts due by the 
State, negotiates temporary loans, if neces- 
sary to meet demands against the State, 
countersigns and registers all Treasurer's 
checks and receipts. He is a member of 
the Canal Board, a commissioner of the 
Land Office and of the Canal Fund, a mem- 
ber of the Board of State Canvassers, a 
trustee of the Capitol, the State Hall and 
the Idiot Asylum, and a member of the 
State Board of Charities. 

Q. What are some of the duties of the 
Treasurer ? 

A. He has charge of all the moneys paid 
into the State Treasury, pays drafts upon the 
warrants of the Comptroller, the Auditor of 



State, 6 1 

the Canal Department and Superintendent 
of the Bank Department, and keeps the 
State's Bank account. He is commissioner 
of the Land Office, and of the Canal Fund, 
a member of the Canal Board, and Board of 
State Canvassers. 

Q. What are some of the duties of the 
Attorney General ? 

A. He defends and prosecutes all suits in 
which the State is interested, receives costs 
adjudged to the State, prepares drafts of con- 
tracts, etc., for State officers, and prosecutes 
in their behalf persons violating the laws in 
regard to their departments, prosecutes 
criminals in the Oyer and Terminer when 
required by the Governor or Justices of the 
Supreme Court. He is commissioner of 
the Land Office and of the Canal Fund, a 
member of the Canal Board, the Board of 
State Canvassers, the Board of State Char- 
ities and a trustee of the Capitol and State 
Hall. 

Q. What are some of the duties of the 
State Engineer and Surveyor ? 

A. He prescribes the duties of, and 
assigns divisions of canals to engineers, 
visits and inspects canals, prescribes sur- 
veys, maps, plans, estimates, etc., in the 
construction and improvement of a canal, 



62 Civil Government. 

is a member of the Canal Board, of State 
Canvassers, a commissioner of the Land 
Office and a trustee of the State Hall. 

Q. What are some of the duties of the 
Superintendent of Banking? 

A. He has the general supervision of the 
banks of the State, and reports their condi- 
tion annually to the Legislature, issues cir- 
culating notes to banks on their depositing 
securities, holding their stocks and mort- 
gage securities, and when a bank proves in- 
solvent sells them and redeems its circula- 
tion. 

Q. What are some of the duties of the 
Superintendent of Insurance ? 

A. He has the general supervision of all 
insurance companies transacting business 
in the State, and reports their condition 
annually to the Legislature. 

Q. What are some of the duties of the 
Canal Auditor ? 

A. He draws warrants on the Treasurer 
for all canal payments, audits all canal 
accounts, instructs canal collectors and dis- 
bursing officers, keeps account of canal re- 
ceipts and expenditures, etc., is ex-officio 
secretary of the Canal Board and of the 
Commissioners of the Canal Fund. 

Q. What are some of the duties of the 
Superintendent of Prisons ? 



State. 63 

A. He has general supervision of the 
prisons, appoints the keepers and other 
officers therein. 

Q. What are some of the duties of the 
Superintendent of Public Works ? 

A. He has charge of the Public Works, 
of the construction of new canals, &c, re- 
ports annually to the Legislature. 

O. What are some of the duties of the 
Superintendent of Public Instruction ? 

A. He has general superintendence of 
the public schools ; inquires into their man- 
agement ; advises and directs in regard to 
their course of instruction and discipline. 
He apportions and distributes the public 
moneys ; examines the supplementary ap- 
portionment made to all the districts by the 
school commissioners and sees that to each 
district is set apart its proportionate share, 
and that the same is expended by the trus- 
tees and paid by the supervisor according 
to law. Decides all appeals involving school 
controversies that are brought before him, 
and his decision is final until reversed by a 
court having jurisdiction ; he is charged 
with the general management of teachers' 
institutes ; he makes appointments of State 
pupils to the institutions for the instruction 
of the deaf and dumb and the blind, upon 



64 Civil Government. 

the certificate of the proper local authorities, 
and he visits and inquires into the condi- 
tion and management cf these institutions ; 
is chairman of the committee of the State 
Normal Schools, and apportions among the 
counties the number of pupils which each 
is entitled ; has charge of the Indian 
schools ; he is, ex-officio, a Regent of the 
University ; compiles the commissioners' 
abstracts of school districts in the State 
setting forth their condition and the account 
of receipts and expenses for each year ; and 
makes an annual report to the Legislature. 

Q. Of what officers is the Canal Board 
composed ? 

A. The Lieutenant Governor, Secretary 
of State, Comptroller, Treasurer, Attorney 
General, State Engineer and Surveyor, and 
Canal Superintendent. 

SALARIES. 

Governor $ 10,000 

Lieutenant Governor 5, 000 

Secretary of State S,ooo 

Comptroller , 6,000 

Treasurer 5,000 

State Engineer and Surveyor 5,000 

Superintendent of Banking 5,000 

Superintendent of Insurance 7,000 

Canal Auditor . . 5,000 



State. 65 

Superintendent of Prisons $6,000 

Superintendent of Public Works . . 6,000 

Canal Appraisers 5,000 

Superintendent of Public Instruc'n, 5,000 

Q. Who are the State Canvassers ? 

A. Secretary of State, Comptroller,Treas- 
urer, Attorney General and State Engineer 
and Surveyor. 

Q. Who are the Regents at the present 
time, and when elected. 

The Governor, ex-officio. 

The Lieutenant Governor, ex-officio. 

The Secretary of State, ex-officio. 

The Superintendent of Public Instruc- 
tion, ex-officio. 

1 844. John V. L. Pruyn Albany. 

1 847. Robert G. Rankin Newburg. 

1855. Erastus C. Benedict New York. 

1856. George W. Clinton Buffalo. 

1858. Lorenzo Burrows Albion. 

1859. Robert S. Hale. * . , . Elizabethtown. 
1861. Elias W. Leavenworth.. .. Syracuse. 

1 861. J. Carson Brevoort. ..... Brooklyn. 

1864. George Wm. Curtis. N. Shore, L. I. 

1 870. Francis Kernan Utica. 

1 871. John L. Lewis Penn Yan 

1 872. Henry R. Pierson Albany. 

1 873. Martin I. Townsend Troy. 

1874. Anson J. Upson Albany. 



66 Civil Government. 

1876. John A. Dix New York. 

1876. Augustus C. George. ...,. Syracuse. 

1 876. James L. Bostwick Ithaca. 

1877. Chauncey M. Depew. . . . New York. 
1 8yy. Charles E. Fitch Rochester. 

OFFICERS OF THE BOARD. 

John V. L. Pruyn, Chancellor. 
Erastus C. Benedict, Vice-Chancellor. 
Samuel B. Woolworth, Secretary. 
Daniel J. Pratt, Assistant Secretary. 



IX.— Judiciary. 



A tabular view of the judiciary of the 
State, commencing with the lowest courts 
and showing them in their regular order, 
leaving out such as are established for par- 
ticular localities. 

I. Justice Court. 

TT n . \ i. County Court. 
II. County j 2> Sessio ^ s> 

f I. Circuit. 

III. Supreme \ 2 ' Oyer and Terminer. 

r ]3. Special Term. 

[4. General Term. 

IV. Court of Appeals. 

JUSTICE COURT. 

Q. What is the lowest court in the State ? 
A. A Justice's Court, held in each town 
by one of the justices of the Peace. 
Q. What jurisdiction has this court ? 
6 7 



68 Civil Government. 

A. Original ; that is, suits can be com- 
menced in it, and tried in it. 

Q. In a civil action how large a judg- 
ment can be obtained ? 

A. Not to exceed two hundred dollars. 

Q. Can criminal suits be tried in a Jus- 
tice Court ? 

A. Some can be tried in it ; but usually 
the parties give bail for their appearance at 
a higher court to await the action of the 
Grand Jury. 

COUNTY COURT. 

Q. What is the next higher court ? 

A. The County Court 

Q. What are the divisions of the County 
Court ? 

A. County Court and Court of Sessions. 

Q. For what causes are each designed ? 

A. The County Court is for the trial of 
civil causes, the Sessions for the trial of 
criminal causes, but not of the higher 
crimes. 

Q. What jurisdiction has the County 
Court ? 

A. Original and Appellate, that is a suit 
may be commenced in it, or it may be ap- 
pealed from a lower court. 

Q. What jurisdiction has the Court of 
Sessions ? 



Judiciary. 69 



A. Original ; no person can be tried in 
it, who is charged with a crime until he is 
indicted by a Grand Jury. 

O. Who presides in the County Court ? 

A. The County Judge 

Q. Who presides in the Court of Ses- 
sions ? 

A. The County Judge and the two Jus- 
tices of Sessions. 

Q. Can both of the Courts be held dur- 
ing the same term ? 

A. They can ; as soon as a cause has 
been tried in one court the Judge may 
change to the other, and should it be the 
Sessions, the Justices of Sessions must be 
on the bench with the Judge ; should it be 
the County Court, he alone is the court. 

Q. What jury decides causes tried either 
in the Sessions or County Court ? 

A. The Petit Jury, consisting of twelve 
men. 

SUPREME COURT. 

Q. What is the next higher court ? 

A. The Supreme Court. 

Q. What are its divisions ? 

A. The Circuit, Oyer and Terminer, 
Special Term and General Term. 

Q. For judicial convenience, the State 
has been divided into districts, and how 



many ? 



yo Civil Government. 

A. Into eight judicial districts, num- 
bered from one to eight, inclusive. 

Q. What are the officers called in this 
court ? 

A. Judges of the Supreme Court. 

Q. How many are elected in each dis- 
trict ? 

A. Five in the first district and four each 
in the other seven. 

Q. How many Supreme Court Judges in 
the State ? 

A. Thirty-three. 

Q. For how long a term are these judges 
elected ? 

A. For fourteen years. 

Q. What constitutional provision in re- 
gard to eligibility ? 

A. They cannot hold the office longer 
than the last day of December next after 
they shall be seventy years of age. 

Q. What are some of their duties ? 

A. To preside and try causes in the Cir- 
cuit, Oyer and Terminer, and also hear ap- 
peals in the Special Term, and when ap- 
pointed judges of the General Term to hear 
and decide appeals there. 

SPECIAL TERM. 

Q. What is a Special Term ? 

A. A court held by one of the Supreme 



Judiciary. 



7i 



Court Judges in the district simply for hear- 
ing and deciding motions and appeals. 

GENERAL TERM. 

Q. What is a General Term Court ; and 
how many are there in the State ? 

A. It is a court for hearing* appeals, and 
consists of a single district, or a union of 
several districts ; and there are four in the 
State, organized by an act of the Legisla- 
ture. 

Q. What is the territory embraced in the 
jurisdiction of a General Term called ? 

A. It is usually called a Department, and 
numbered First, Second, Third and Fourth. 

The following table will give a view of 
Departments, Districts and Counties in the 
State : 



I. Dep. con- 
sists of 



I. Dist. 



II. Dep. con- 
sists of 



II. Dist.< 



City and Co. 
of N. York. 

'Richmond, 
Kings, 
Queens, 
Suffolk, 
Westchester, 
Putnam, 
Dutchess, 
Orange and 
Rockland 
Counties. 



III. Dep. con- 
sists of 



IV. Dist.^ 



72 



r Columbia, 
Rensselaer, 
Sullivan, 

»'• **-\ Sba„ r ;, 

Greene and 

Schoharie 

Counties. 

f Warren, 
Saratoga, 
St.Lawr'nce, 
Washington, 
Essex, 
Franklin, 
Clinton, 
Montgom'ry, 
Hamilton, 
Fulton and 
Schenectady 
Counties. 

^Otsego, 
Delaware, 
Madison, 
Chenango, 
Tompkins, 
VI. Dist^ Broome, 
Chemung, 
Schuyler, 
Tioga and 
Cortland 

^Counties. 



Judiciary. 



73 



IV. Dep. con- 
sists of 



V. DistX 



VII. Dist.< 



I, VIII. Dist. { 



^Onondaga, 
Jefferson, 
Oneida, 
Oswego, 
Herkimer 
and Lewis 
Counties. 

Livingston, 
Ontario, 
Wayne, 
Yates, 
Steuben, 
Seneca, 
Cayuga and 
Monroe 
^Counties. 

r Erie, 

Chautauqua, 

Cattaraugus, 

Orleans, 

Niagara, 

Genesee, 

Allegany 

and Wyom'g 
^Counties. 



74 Civil Government. 

Q. How many counties in each of the 
districts ? 

A. One county in the First, nine in the 
second, seven in the Third, eleven in the 
Fourth, six in the Fifth, ten in the Sixth, 
eight in the Seventh, eight in the Eighth 
district. 

Q. How many counties in each of the 
departments ? 

A. One in the First, nine in the Second, 
twenty-eight in the Third, and twenty-two 
in the Fourth. 

Q. How many judges constitute the 
General Term Court, or the court held in 
and for the department ? 

A. Three in each Department. 

Q. Where do these judges come from ? 

A. They are appointed by the Governor 
from the Supreme Court Judges that have 
been previously elected by the people, 

Q. Must these judges be taken from 
their respective departments ? 

A. Not necessarily ; they may be trans- 
ferred from another department ; as for in- 
stance, a judge from Buffalo in the Fourth 
Department has been transferred to the 
First Department. 

Q. How many Supreme Court Judges 
are elected in the territory known as the 
First Department ? 



yu dietary, 75 



A. Five. 

Q. How many Supreme Court Judges are 
elected in the district known as the Second 
Department ? 

A. Four. 

Q. How many Supreme Court Judges 
are elected in the districts known as the 
Third Department ? 

A. Twelve. 

Q. How many Supreme Court Judges 
are elected in the districts known as the 
Fourth Department ? 

A. Twelve. 

COURT OF APPEALS. 

Q. Of what does the Court of Appeals 
consist ? 

A. Of seven judges, elected by the 
electors of the whole State for a term of 
fourteen years ; one of their number is 
called a Chief Judge, the others are called 
Associate Judges ; they cannot hold the 
office after they are seventy years old. 

Q. What jurisdiction has this court ? 

A. Appellate. 

Q. State how appeals may be taken from 
one court to another ? 

A. The party agrieved may appeal from 
a Justice Court to a County Court ; from 



j6 Civil Government. 

County or Supreme Courts to Special Term ; 
from Special Term to General Term ; from 
General Term to Court of Appeals, 

Q. What may these Courts do ? 

A. They may affirm decisions made by 
lower courts, or reverse decisions, or grant- 
new trials. 

ILLUSTRATION. 

Q. In what court must a person charged 
with the crime of murder be tried ? 

A. In the Oyer and Terminer, or in some 
court having the same jurisdiction. 

Q. What privilege has the prisoner if 
convicted ? 

A. He has the right to appeal to the 
judge holding a special term, asking for a 
new trial. 

Q. Should this judge refuse to grant it, 
what further can he do ? 

A. Appeal to the General Term. 

Q. If the General Term refuse, what 
then ? 

A. It can be taken to the Court of Ap- 
peals. 

Q. If the Court of Appeals refuses to 
grant a new trial, what then ? 

A. The decision of the Oyer and Ter- 
miner must be carried out unless the Gov- 
ernor interferes. 



Judiciary. 77 

Q. In case the penalty is death and the 
day for execution has passed, what then ? 

A. The prisoner must be re-sentenced 
by the judge that presided at the trial. 

Q. In case either of the Appellate Courts 
grants a new trial, what is to be done ? * 

A. The cause will be tried in the same 
court, or, in one having the same jurisdic- 
tion, but before a different jury. 

Q. How are civil causes managed on 
appeal ? 

A. In the same way, only that the court 
may affirm or reverse decisions as well as 
grant new trials. 



A lew Comparisons between the State 
and National Governments. 



Q. Name one similarity between the 
State and National governments ? 

A. Each has three divisions, the Legis- 
lative, Executive and Judiciary. 

Q. Name a similarity in the Legislative 
department ? 

A. Each has two branches. In the State 
they are called Assembly and Senate ; in 
the" National government they are called 
House of Representatives and Senate. The 
Assembly and House of Representatives 
each elect their own speaker ; the State 
Senate is presided over by the Lieutenant 
Governor. The National Senate is presided 
over by the Vice-President. 

Q. What is the number of members in 
each at the present time ? 

A. In the Assembly there are one hun- 
dred and twenty-eight, in the House of Rep- 
resentatives two hundred and ninety-three, 
in the State Senate thirty-two, in the Na- 
tional Senate seventy-six. 

78 



Comparisons. 79 



Q. How do their terms of office com- 
pare ? 

A. The members of the Assembly are 
elected for one year, of the House of Repre- 
sentatives for two years, of the State Senate 
for two years, of the National Senate for six 
years. 

JUDICIARY. 

Q. In what respect are the State Courts 
and National Courts similar ? 

A. Each has a Supreme and Circuit 
court. 

Q. What are the names applied to United 
States Courts ? 

A. The Constitution of the United States 
calls them Inferior Courts, and one Supreme 
Court. 

A TABULAR VIEW OF UNITED STATES 
COURTS. 

I. District Courts. 



I. Inferior ^ 

( 2. Circuit Courts. 

II. Supreme. 

Q. How many District Courts are there 
at present ? 

A. Sixty-five ; fifty-six of them being in 
the States, and nine of them in the Terri- 
tories. 

Q. What is the largest number of districts 
into which any State is divided ? 



80 Civil Government. 

A. Three ; Alabama, New York and Ten- 
nessee have three districts each ; Ark., Fla., 
111., Mich., Miss., Mo., N. C, Ohio, Penn., 
Texas, Va. and Wis. have two districts each, 
and the remaining States and Territories 
one each. 

Q. What officers in the District Court? 

A. One District Judge, a District Attor- 
ney, Assistant District Attorneys, a Mar- 
shal, a Clerk, and a large number of Deputy 
Marshals ; and also Registers in Bank- 
ruptcy. 

Q. What jurisdiction has a District 
Court ? 

A. Original jurisdiction. 

Q. What are the salaries of the District 
Judges ? 

A. Four thousand dollars each. 

Q. What does the territory of several 
districts constitute? 

A. A Circuit. 

Q. How many Circuits sre there ? 

A. Nine, each presided over by a Circuit 
Judge ; and their names are as follows : 

i. Circuit -consisting of Maine, N. H., 
Mass., R. I. George F. Shepley, Judge. 

2. Circuit consisting of Conn , Vt. and 
N. Y. Alexander S. Johnson, Judge. 

3. Circuit consisting of Penn., N. J. and 
Del. Wm. McKennan, Judge. 



Supreme Court. 



4. Circuit consisting of N. C , S. C, Md. 
and Va. Hugh L. Bond, Judge. 

5. Circuit consisting of Miss., La., Ala, 
Fla., Ga. and Texas. William B. Woods, 
Judge. _ 

6. Circuit consisting of Ohio, Mich., Ky., 
Tenn. and W. Va. Halmer H. Emmons, 
Judge. 

7. Circuit consisting of Ind., 111. and 
Wis. Thomas Drummond, Judge. 

8. Circuit consisting of Min., Iowa, Mo., 
Ark, Kan., and Nebraska. John F. Dil- 
lon, Judge. 

9. Circuit consisting of Cal., Oregon, 
Nevada and Colorado. Lorenzo Sawyer, 
Judge. 

Q. What jurisdiction has the Circuit 
Court ? 

A. Original. 

SUPREME COURT. 

Q. What territory is embraced in the 
jurisdiction of the Supreme Court ? 

A. The whole of the United States. 

Q. How many judges constitute the Su- 
preme Court ? 

A. Nine ; corresponding with the num- 
ber of the Circuits. 

Q. What are the names of the Supreme 
Court Judges ? 



82 Civil Government. 

CHIEF JUSTICE. 

Morrison R. Waite appointed 1874 

ASSOCIATE JUSTICES. 

Nathan Clifford appointed 1858 

Noah H. Swayne " 1862 

David Davis " 1 862 

Samuel F. Miller " 1862 

Stephen J. Field " 1863 

Wiliam Strong " 1870 

Joseph P. Bradley " 1870 

Ward Hunt " 1872 

Q. When does the Supreme Court meet ? 

A. The first Monday in December, at 
Washington. 

Q. What is its jurisdiction ? 

A. Principally Appellate ; it has Original 
jurisdiction in a few cases, as mentioned in 
Constitution. 

Q. By whom are all these judges ap- 
pointed ? 

A. By the President and Senate. 

Q. What is the salary of the Supreme 
Court Judges ? 

A. The Chief Justice receives ten thou- 
sand five hundred dollars. Associates re- 
ten thousand dollars. 

Q. For how long a term are all these 
judges appointed? 

A. They hold the office for life, or during 
good behavior, or until they resign. 



A Tabular View of Presidential Vote from 1789 to 1876. 



sd 

c 


CANDIDATES. 


CL 


Popular Vote, 


L> © 

Ixl 


1789 


George Washington . . . 




Elec chosen bv L gis, 


Unanm's 


1797 


John Adams. 


Fed.' 


tt tt tt 


71 




Thomas Jefferson 


Dem. 


'• " " 


69 


1801 


Thomas Jefferson ,-. 


Dem. 


Eln.wenttoH.ofR. 


73 




Aaron Burr 


Dem. 


and Jefferson was 


73 




John Adams 


Fed. 
Dem. 


elec'd on 36th bal. 
Elec. chosen by Legis. 


65 


1805 


Thomas Jefferson. . . 


148 




C. C. Pinckney 


Fed. 


28 


1809 


James Madison 


Dem. 


" " " 


122 




C. C. Pinckney 


Fed. 


"i 


47 


1813 


James Madison 


Dem 




128 




DeWitt Clinton 


Fed. 


It it tt 


89 


1817! James Monroe . .. 


Dem. 


It tt tt 


183 




Rufus King 


Fed. 


'• " "■ 


34 


1821 


James Monroe 


Dem. 


But 1 el. vote in op. 




1825 


J. Q. Adams 


Fed. 


10%321. Elec. by 


84 








H. ofR. 






Andrew Jackson. 


Dem. 


155.872 


99 




W. H. Crawford . .. 


Dem. 


44,2S-> 


41 




Henry Clay 


Whig 


46.587 


37 


1829 


Andrew Jackson. ... 


Dem. 


647,231 


178 




J. Q. Adams 


Fed. 


509,097 


83 


1833 


Andrew Jackson 


Dpm. 


687,502 


219 




Henry Clay 


Whig 


530,189 


49 




John Floyd 


Whig 


Not known. 


11 




William West 


Whig 


ti tt 


7 


1837 


Martin Van Buren. . . . 


Dem 


761.549 


170 




William H. Harrison.. 


Whig 


736,656 


121 


1841 


William H. Harrison.. 


Whig 


1,275,011 


234 




Martin Van Buren 


Dem. 


1,135,761 


60 


1845 


James K. Polk 


Dem 


1,337,243 


170 




Henry Clay 


Whig 


1.361,362 


105 


1849 


Zachary Taylor 


Whig 


1,360,099 


163 




Lewis Cass 


Dem. 


1,220,544 


127 




Martin Van Buren 


Dem. 


291,263 




1853 


Franklin Pierce 


Dem 


1.601,474 


254 




Winfl 'Id Scott & others 


Whig 


1,P42,403 


42 


1857 


James Buchanan 

John C. Fremont and 


Dem. 


1,838,169 


174 




others . 


Rep. 


2,215,798 


122 


1861 


Abraham Lincoln ... 
J. C. Breckenridge and 


Rep 


1,866,352 


180 




othprs 


Dem 


2,810,501 


123 


1865 Abraham Lincoln 


Rep. 


9,216.n67 


213 




Geo. B. McClellan 


Dem. 


1,808,735 


21 


1869 


Ulysses S. Grant 


Rep. 


3,015,071 


214 




Horatio Seymour. 


Dem. 


2,709,613 


80 


1873 


Ulysses S. Grant 


Rep. 


3,597,0*0 


300 




Horace Greelry 


L.&D. 


2,834,079 


66 


1877 


Rutherford B. Hayes.. 


Rep. 


4,049,096 


185 




Samuel J. Tilden 


Dem. 


4,315,801 


184 


83] 


Peter Cooper 


GVk 


81,907 





84 Civil Government. 

Q. How many Presidents have been 
elected by the House of Representatives ? 

A. Two: Thomas Jefferson at his first 
election and John Q. Adams. 

Q. What was the trouble about the Pres- 
idential election of 1876? 

A. Both parties claimed to have carried 
the States of Fla., La. and S. Carolina; 
and counting them for one party gave that 
party a majority, and counting either one of 
the States for the other party, gave it a ma- 
jority. 

Q. Were the votes counted and the elec- 
tion declared according to the Constitution 
and former usages ? 

A. They were not ; Congress passed a 
law authorizing a commission of fifteen 
members, five of them to be appointed from 
the Senate, five of them from the House of 
Representatives, and five from the Supreme 
Court of the United States. Said com- 
mission reported and their action was rat- 
ified. 



APPENDIX. 



THE 

COKSTHMIOK OF THE STATE OF HEW .TOM. 

Adopted November 8, 1846. 

AS iXEXDED AXD IX POECE JA1JFAET 1. 1877. 



Prepared from Originals en Office of Secretary of State. 



THE 

CONSTITUTION OF THE STATE OF NEW YORK. 

Adopted November 3, 1S46. 
AS AMENDED AND IN FORCE JANUARY 1, 1877. 



ARTICLE I. 

Section 1. No person to be disfranchised. 
Sec. 2. Trial by Jury. 
Sec. 3. Religious liberty. 
Sec. 4. Writ of habeas corpus. 
Sec. 5. Bail, fines. 
Sec. 6. Grand Jury. 

Sec. 7. Private property— Private roads. 
Sec. 8. Freedom of speech and of the press. 
Sec. 9. Two-third bills. 

Sec. 10. Right of petition — Divorces — Lotteries, 
Sec. 11. Right of property in lands— Escheats. 
Sec. 12. Feudal tenures abolished. 
Sec. 13. Allodial tenure. 
Sec 14. Certain leases invalid. 
Sec. 15. Fines and quarter sales abolished. 
Sec. 16. Sale of lands. 

Sec. 17. Old colony laws and acts of the legislature — Com- 
mon law — Commissioners to be appointed — their duties. 
Sec. 18. Grants of land since 1775 — Prior grants. 

ARTICLE II. 
Section 1. Qualification of voters. 

Sec. 2. Persons excluded from right of suffrage — Chal- 
lenge— Laws to be passed excluding from right of suffrage. 



4 CONSTITUTION OF STATE OF NEW YORK. 

Sec. 3. Certain employments not to affect residence ol 
voters. 
Sec. 4. Laws to be passed. 
Sec. 5. Election to be by ballot. 



ARTICLE III. 

Section 1. Legislative powers. 

Sec. 2. Senate, number of — Assembly, number of. 

Sec. 3. State divided into thirty-two senatorial districts— 
boundaries thereof — Board of supervisors of the city of New 
York to divide the county into four senate districts — - Certi- 
ficate, etc., to be filed. 

Sec. 4. Census to be taken in 1855, and every ten years — 
Senate districts, how altered. 

Sec 5. Members of Assembly, number of, and how appor- 
tioned and chosen— Boards of supervisors in certain coun- 
ties and board of aldermen in New York city to divide the 
same into Assembly districts — Description of Assembly dis- 
tricts to be filed — Contents of Assembly districts — Legisla- 
ture to re-apportion members of Assembly — Each county 
entitled to one member — Hamilton county — Counties and 
towns may be divided and new ones erected. 

Sec. 6. Pay of members. 

Sec. 7. No member to receive an appointment. 

Sec. 8. Persons disqualified from being members. 

Sec. 9. Time of election fixed. 

Sec. JO. Powers of each house. 

Sec. 11. Journals to be kept. 

Sec. 12. No member to be questioned, etc. 

Sec. 13. Bills may originate in either house. 

Sec. 14. Enacting clause of bills. 

Sec. 15. Assent of a majority of all the members required, 
etc. 

Sec. 16. Restriction as to private and local bills. 

Sec. 17. Existing law not to be made a part of an act ex- 
cept by inserting It therein. 

Sec. 18. Private and local bills, in what cases they may not 



CONSTITUTION OF STATE OF NEW YORK. 5 

be passed — General laws to be passed — Street railroads, 
condition upon which they may be authorised. 

Sec. 19. The legislature not to audit or allow any private 
rlaim. 

Sec. 20. Bill imposing a tax, manner of passing. 

Sec. 21. Same subject. 

Sec. 22. Board of supervisors. 

Sec 23. Local legislative powers conferred on boards of su- 
pervisors. 

Sec. Zi. No extra compensation to be granted to a public 
officer, servant, agent or contractor. 

Sec. 25. Sections seventeen and eighteen not to apply to 
certain bills. 

ARTICLE IV. 

Section 1. Executive power, how vested. 

Sec. 2. Requisite qualifications of Governor. 

Sec. 3. Time and manner of electing Governor and Lieu- 
tenant-Governor. 

Sec. 4. Duties and power of Governor — His compensation. 

Sec. 5. Pardoning power vested in the Governor. 

Sec. 6. Powers of Governor to devolve on Lieutenant-Gov- 
ernor. 

Sec. 7. Requisite qualifications of Lieutenant-Governor — 
To be President of the Senate, and to act as Governor in cer- 
tain cases. 

Sec. 8. Compensation of Lieutenant-Governor. 

Sec. 9. Bills to be presented to the Governor for signature — 
If returned by him with objections, how disposed of— Bills 
to be returned within ten days — After adjournment, bills 
must be approved in thirty days, else cannot become law- 
Governor may object to items of appropriation in any bill. 

ARTICLE V. 

Section 1. State officers, how elected and terms of office. 
Sec. 2. State Engineer and Surveyor, how chosen and term 
of office. 
Sec. 3. Superintendent of Public Works, powers and duties. 



6 CONSTITUTION OF STATE OF NEW YOKE. 

Sec. 4. Superintendent of Prisons, powers and duties of. 
Sec. 5. Commissioners of the Land Office — Commissioners 
of the Canal Fund — Canal Board. 
Sec. 6. Powers and duties of Boards, etc. 
Sec. 7. Treasurer may be suspended by Governor. 
Sec. 8. Certain offices abolished. 

ARTICLE VI. 

Section 1. Impeachment — Assembly has power of — Effect 
of judgment. 

Sec. 2. Court of Appeals — Judges how chosen — Appoint- 
ment of clerk. 

Sec. 3. Vacancies in office of judge of Court of Appeals; 
how filled. 

Sec 4. Causes pending in Court of Appeals to be referred 
to Commissioners of Appeals. 

Sec. 5. Commissioners of Appeals — Vacancies how filled — 
Chief Commissioner to be appointed. 

Sec. 6. Supreme Court — Jurisdiction — Justices — Judicial 
Districts, number of justices in; may be altered without 
increasing number. 

Sec. 7. Terms of Supreme Court. 

Sec. 8. Judge or Justice may not sit in review of decisions 
made by him, etc. 

Sec. 9. Vacancy in office of Justice of Supreme Court, how 
filled. 

Sec. 10. Judges of Court of Appeals, or Justices of Supreme 
Court, to hold no other office. 

Sec. 11. Removals — Proceedings in relation to. 

Sec. 13. City Courts. 

Sec. 13. Justice of Supreme Court or Judges of City Courts, 
how chosen — Term of office— Restriction as to age. 

Sec. 14. Compensation of Judges or Justices — Not to be 
diminished during term of office. 

Sec. 15. County Courts. 

Sec. 16. Local judicial offioers. 

~«ec. 17. Judge of Court of Appeals, or Justice of Supreme 



CONSTITUTION OF STATE OF NEW YOHK. 7 

Court, e^ction or appointment of — Question to be submitted 
Mi people. 

Sec 18. Justices of the Peace. 

Sec 19. Inferior local courts. 

Sec. 20. Clerks of Supreme Court and Court of Appeals. 

Sec. 21. No judicial officer, except Justice of the Peace, to 
receive fees. 

Sec. 22. Judgments, etc., may De ordered directly to Court 
of Appeals for review. 

Sec. 23. Publication of Statutes to be provided for — To be 
free to all. 

Sec. 2-1. Judges, first election of — When to enter upon 
duties. 

Sec. 25. Local judicial officers — Term of office of presen; 
incumbents. 

Sec. 26. Courts of Special Sessions. 

Sec. 27. Surrogates' Courts. 

Sec. 28. Court of Appeals may order causes to be heard by 
Commission of Appeals. 

ARTICLE VIL 

Section 1. Canal debt— Sinking Fund —June 1, im $1,300,- 
00G- June 1. 185.5, $1,700,000. 

Sec. 2. General Fund Debt — Sinking Fund, $350,000; after 
certain period, $1,500,000. 

Sec. 3. $200,000 of the surplus canal revenues annually 
appropriated to General Fund, and the remainder to specific 
public works — Certain deficiencies in the revenues not ex- 
ceeding $250,000, annually to be supplied from the revenues 
of the canals — Contractors, no extra compensation to be 
made to. 

Sec. 4. Loans to Incorporated companies not to be released 
or compromised. 

Sec. 5. Legislature shall, by equitable taxes, increase the 
revenues of the Sinking Fund in certain cases. 

Sec. 8. Certain Canals of the State not to be leased or sold — 
Expenditures, for collections and repairs, limited — Funds 
from leases or sale, how applied. 

Sec. 7. Salt springs. -, - 



8 CONSTITUTION OF STATE OF NEW YOEK. 

Sac. 8, Appropriation bills. 

Sec. 9. State credit not to be loaned. 

Sec. 10. Power to contract debts limited. 

Sec. 11. Debts to repel invasion, etc., maybe contracted. 

Sec 12. Limitation of the legislative power in the creation 
of debts. 

Sec. 13. Sinking funds to be separately kept and safely 
invested. 

Sec. 14. Claims barred by lapse of time —Limitation of ex- 
isting claims. 

ARTICLE Vm. 

Section 1. Corporations, how created. 

Sec. 2. Debts of corporations. 

Sec. 3. " Corporations " denned. 

Sec. 4. Charters for savings banks and banking purposes. 

Sec. 5. Specie payments. 

Sec. 6. Registry of bills or notes. 

Sec. 7. Individual responsibility of stockholders. 

Sec. 8. Insolvency of banks, preference. 

Sec. 9. Legislature to provide for the incorporation of cities 
and villages, and to define powers thereof in certain cases. 

Sec. 10. The credit or money of the State not to be given 
or loaned. 

Sec. 11. Counties, cities, towns and villages not to give 
money or property or loan their money or credit— Their 
power to contract debts limited. 

ARTICLE IX. 
Section 1. Common School, Literature and United States 
Deposit Funds. 

ARTICLE X. 

Section L Sheriffs, Clerks of counties, Register and Clerk 
of New York, Coroners and District Attorneys — Goverooi 
may remove. 

Sec. 2. Officers, how chosen or appointed. 

Sec. 3. Duration of office. 

Sec. 4. Time of election. 



CONSTITUTION OF STATE OF STEW YORK. 

Sec. 5. Vacancies in office, how filled. 

Sec. 6. Political year. 

Sec. 7. Removal from office. 

Sec. 8, When office deemed vacant. 

Sec. 9. Compensation of certain officers. ■ 



ARTICLE XI. 

Section 1. Militia. 

Sec. 2. Manner of choosing or appointing: militia officers. 
Sec. 3. Officers to be appointed by Governor and Senate - 
Commissary-General. 
Sec. 4. Election of militia officers. 
Sec. 5. Officers,, how commissioned. 
Sec. 8. Election of militia officers may be abolished. 



ARTICLE Xn. 
Section 1. Oath of office prescribed. 

ARTICLE XIII. 

Section 1. Amendments. 

Sec. 2. Future conventions, how called. 

ARTICLE XIV. 

Section 1. Election —Term of office of Senators and Mem- 
bers of Assembly. 

Sec. 2. First election of Governor and Lieutenant-Governor,, 
when. 

Sec. 3. State officers, and others, to remain in office tilJ 
December 31, 1847. 

Sec. 4. First election of Judicial officers, when. 

Sec. 5. Jurisdiction of pending suits. 

Sec. 6. Chancellor and Supreme Court — Masters in Chan 
eery. 

Sec. 7. Vacancy in office of Chancellor, or Justice of Su- 
preme Court, how filled. 

Sec. 8. Offices abolished. 



10 CONSTITUTION OF STATE OF NEW YORK. 

Sec. 9. Chancellor and Justices of present Supreme Court, 
eligible. 
Sec. 10. Officers to hold until expiration of term. 
Sec. 11. Judicial officers may receive fees. 
Sec. 13. Local courts to remain, etc. 
Sec. 13. When, Constitution goes into operation. 

ARTICLE XV. 
Section 1. Bribery and official corruption. 
Sec. 2. The same subject. 

Sec. 3. Person offering or receiving bribe may be witness. 
Sec. 4. District Attorney may be removed for failure to 
prosecute violations — Expenses of prosecution, how charge- 
able. 

ARTICLE XVI. 

Section 1. Amendments, when to take effect. 



We the People of the State of New York, grateful to 
Almighty God for our Freedom, in order to secure its 
blessings, do establish this Constitution. 

ARTICLE I. 

Section 1. No member of this State shall be disfran- 
chised, or deprived of any of the rights or privileges 
secured to any citizens thereof, unless by the law of the 
land, or the judgment of his peers. 

Sec, 2. The trial by jury in all cases in which it has 
been heretofore used, shall remain inviolate forever ; but 
a jury trial may be waived by the parties in all civil cases 
in the manner to be prescribed by law. 

Sec. 3. The free exercise and enjoyment of religious 
profession and worship, without discrimination or pref- 
erence, shall forever be allowed in this State to all man* 



CONSTITUTION OF STATE OF NEW YORK:. 11 

kind ; and no person shall be rendered incompetent to 
be a witness on account of his opinions on matters of 
religious belief; but the liberty of conscience hereby 
secured shall not be so construed as to excuse acts of 
licentiousness, or justify practices inconsistent with the 
peace or safety of this State. 

Sec. 4. The privilege of the writ of habeas corpus shall 
not be suspended, unless when, in cases of rebellion or 
invasion, the public safety may require its suspension. 

Sec. 5. Excessive bail shall not be required nor exces- 
sive fines imposed, nor shall cruel and unusual punish- 
ments be inflicted, nor shall witnesses be unreasonably 
detained. 

^ec. 6. No person shall be held to answer for a capi- 
tal or otherwise infamous crime (except in cases of 
impeachment, and in cases of militia when in actual 
service ; and the land and naval forces in time of war, 
or which this State may keep, with the consent of Con- 
gress in time of peace ; and in cases of petit larceny, 
under the regulation of the Legislature,) unless on pre- 
sentment or indictment of a grand jury ; and in any trial 
in any court whatever the party accused shall be allowed 
to appear and defend in person and with counsel as in 
civil actions. No person shall be subject to be twice put 
in jeopardy for the same offense ; nor shall he be com- 
pelled in any criminal case to be a witness against him- 
self ; nor be deprived of life, liberty or property without 
due process of law ; nor shall private property be taken 
for public use, without just compensation. 

Sec. 7. When private property shall be taken for any 
public use the compensation to be made therefor, when 
such compensation is not made by the State, shall be 



12 CONSTITUTION OP STATE OF NEW YORK. 

ascertained by a jury or by not less than three commit 
gioners appointed by a court of record, as shall be pre- 
scribed by law. Private roads may be opened in the 
manner to be prescribed by law ; but in every case the 
necessity of the road, and the amount of all damage to 
be sustained by the opening thefeof , shall be first deter- 
mined by a jury of freeholders, and such amount, 
together with the expenses of the proceeding, shall be 
paid by the person to be benefited. 

Sec, 8. Every citizen may freely speak, write and 
publish his sentiments on all subjects, being responsible 
for the abuse of that right ; and no law shall be passed 
to restrain or abridge the liberty of speech or of the 
press. In all criminal prosecutions or indictments for 
libels, the truth may be given in evidence to the jury ; 
and if it shall appear to the jury, that the matter charged 
as libelous is true, and was published with good motives, 
and for justifiable ends, the party shall be acquitted ; 
and the jury shall have the right to determine the law 
and the fact. 

Sec. 9. The assent of two-thirds of the members 
elected to each branch of the Legislature, shall be requi- 
site to every bill appropriating the public moneys or 
property for local or private purposes. 

Sec. 10. No law shall be passed abridging the right of 
the people peaceably to assemble and to petition the 
government, or any department thereof, nor shall any 
divorce be granted, otherwise than by due judicial 
proceedings; nor shall any lottery hereafter be author- 
ized or any sale of lottery tickets allowed within this 
State. 



CONSTITUTION OF STATE OF NEW YORK. 13 

Sec. 11. The people of this State, in their right of 
sovereignty are deemed to possess the original and ulti- 
mate property in and to all lands within the jurisdiction 
of the State : and all lands the title to which shall fail, 
from a defect of heirs^shall revert, or escheat to the 
} eople. 

Sec. 12. All feudal tenures of every description, with 
all their incidents are declared to be abolished, saving 
however all rents and services certain which at any time 
heretofore have been lawfully created or reserved. 

Sec. 13. All lands within this State are declared to 
be allodial, so that, subject only to the liability to 
escheat, the entire and absolute property is vested in 
the owners, according to the nature of their respective 
estates. 

Sec. 14. No lease or grant of agricultural land, for a 
longer period than twelve years, hereafter made, in 
which shall be reserved any rent or service of any kind, 
shall be valid. 

Sec. 15. All fines, quarter sales, or other like re- 
straints upon alienation reserved in any grant of land, 
hereafter to be made, shall be void. 

Sec. 16. No purchase or contract for the sale of lands 
in this State made since the fourteenth day of October, 
one thousand seven hundred and seventy-five ; or which 
may hereafter be made, of, or with the Indians, shall be 
valid, unless made under the authority, and with the 
consent of the Legislature. 

Sec. 17. Such parts of the common law, and of the 
acts of the Legislature of the Colony of New York, as 
together did form the law of the said Colony, on the 
nineteenth day of April, one thousand seven hundred 



14 CONSTITUTION OF STATE OF NEW YORK. 

&nd seventy-five, and the resolutions of the Congress oi 
the said Colony, and of the convention of the State of 
New York, in force on the twentieth day of April, 
one thousand seven hundred and seventy-seven, which 
have not since expired, or been repealed or altered ; 
and such acts of the Legislature of this State 
as are now in force, shall be and continue the law of 
this State, subject to such alterations as the Legislature 
shall make concerning the same. But all such parts of 
the common law, and such of the said acts, or parts 
thereof, as are repugnant to this Constitution, are hereby 
abrogated; and the Legislature, at its first session 
after the adoption of this Constitution, shall appoint 
three commissioners, whose duty it shall be to reduce 
into a written and systematic code the whole body of 
the law of this State, or so much and such parts thereof 
as to the said commissioners shall seem practicable and 
expedient. And the said commissioners shall specify 
such alterations and amendments therein as they shall 
deem proper, and they shall at all times make reports 
of their proceedings to the Legislature, when called 
upon to do so ; and the Legislature shall pass laws regu- 
lating the tenure of office, the filling of vacancies therein, 
and the compensation of the said commissioners, and 
shall also provide for the publication of the said code, 
prior to its being presented to the Legislature for 
adoption. 

Sec. 18. All grants of land within this State, made by 
the king of Great Britain, or persons acting under his 
authority, after the fourteenth day of October, one thou- 
sand seven hundred and seventy-five, shall be null and 
void ; but nothing contained in this constitution shall 



CONSTITUTION OF STATE OF NEW YORK. 15 

affect any grants of land within this State, made by the 
authority of the said king or his predecessors, or shall 
annul any charters to bodies politic and corporate, by 
him or them made, before that day ; or shall affect any 
such grants or charters since made by this State, or by 
persons acting under its authority ; or shall impair the 
obligation of any debts contracted by the State, or indi- 
viduals, or bodies corporate, or any other rights of prop- 
erty, or any suits, actions, rights of action, or other pro- 
ceedings in courts of justice. 

ARTICLE IL 
* Section 1. Every male citizen of the age of twenty- 
one years who shall have been a citizen for ten days 
and an inhabitant of this State one year next preced- 
ing an election, and for the last four months a resident 
of the county and for the last thirty days a resident 
of the election district in which he may offer his vote, 
shall be entitled to vote at such election in the election 
district of which he shall at the time be a resident, and 
not elsewhere, for all officers that now are or hereafter 
may be elective by the people, and upon all questions 
which may be submitted to the vote of the people, pro- 
vided that in time of war no elector in the actual mili- 
tary service of the State, or of the United States, in the 
army or navy thereof, shall be deprived of his vote by 
reason of his absence from such election district ; and 
the Legislature shall have power to provide the manner 
in which and the time and place at which such absent 
electors may vote, and for the return and canvass of 

• As amended by vote of the people, Nov. 3, 1874. 



16 CONSTITUTION" OF STATE OF KEW YORK. 

their votes in the election districts in which they reaper 
tively reside. 

* Sec. 2. No person who shall receive, expect or offer 
to receive, or pay, offer or promise to pay, contribute* 
offer or promise to contribute to another, to be paid or 
used, any money or other valuable thing' as a compen- 
sation or reward for the giving or withholding a vote at 
an election, or who shall make any promise to influence 
the giving or withholding any such vote, or who shall 
make or become directly or indirectly interested in any 
bet or wager depending upon the result of any election, 
shall vote at such election ; and upon challenge for such 
cause, the person so challenged, before the officers au- 
thorized for that purpose shall receive his vote, shall 
swear or affirm before such officers that he has not re- 
ceived or offered, does not expect to receive, has not 
paid, offered or promised to pay, contributed, offered or 
promised to contribute to another, to be paid or used, any 
money or other valuable thing as a compensation or 
reward for the giving or withholding a vote at such 
election, and has not made any promise to influence the 
giving or withholding of any such vote, nor made or 
become directly or indirectly interested in any bet or 
wager depending upon the result of such election. 
The Legislature, at the session thereof next after the 
adoption of this section, shall, and from time to time 
thereafter may, enact laws excluding from the right of 
suffrage all persons convicted of bribery or of any 
infamous crime. 

Sec. 3. For the purpose of voting, no person shall be 

* As amended by vote of the people, Nov. 3, 1874. 



CONSTITUTION OF STATE OF NEW YORK. 17 

deemed to have gained or lost a residence, by reason of 
his presence or absence, while employed in the service 
of the United States ; nor while engaged in the naviga- 
tion of the waters of this State, or of the United 
States, or of the high seas ; nor while a student of any 
seminary of learning ; nor while kept at any alms-house, 
or other asylum, at public expense ; nor while confined 
in any public prison. 

Sec. 4. Laws shall be made for ascertaining by proper 
proofs the citizens who shall be entitled to the right of 
suffrage hereby established . 

Sec. 5. All elections by the citizens shall be by bal 
lot, except for such town officers as may by law be 
directed to be otherwise chosen. 

ARTICLE in. 

Section 1. The legislative power of this State shall 
be vested in a Senate and Assembly. 

Sec. 2. The Senate shall consist of thirty-two mem- 
bers, and the Senators shall be chosen for two years. 
The Assembly shall consist of one hundred and twenty- 
eight members, who shall be annually elected. 

Sec. 3. The State shall be divided into thirty-two dis- 
tricts, to be called Senate districts, each of which shall 
choose one Senator. The districts shall be numbered 
from one to thirty-two inclusive.* 

District number One (1) shall consist of the counties 
of Suffolk, Richmond and Queens. 

District number Two (2) shall consist of the county 
of Kings. 

* For existing Senate districts, see chapter 805, Laws of 1866 



18 CONSTITUTION OF STATE OF KEW YORK. 

District number Three (3), number Four (4), number 
Five (5), and number Six (6) shall consist of the city 
and county of New York. And the board of supervis- 
ors of said city and county shall, on or before the first 
day of May, one thousand eight hundred and forty- 
seven, divide the said city and county into the number 
of Senate districts, to which it is entitled, as near as 
may be of an equal number of inhabitants, excluding 
aliens and persons of color not taxed, and consisting of 
convenient and contiguous territory ; and no Assembly 
district shall be divided in the formation of a Senate 
district. The board of supervisors, when they shall 
have completed such division, shall cause certificates 
thereof, stating the number and boundaries of each dis- 
trict and the population thereof, to be filed in the office 
of the Secretary of State, and of the clerk of said city 
and county. 

District number Seven (7) shall consist of the counties 
of Westchester, Putnam and Rockland. 

District number Eight (8) shall consist of the counties 
of Dutchess and Columbia. 

District number Nine (9) shall consist of the counties 
of Orange and Sullivan. 

District number Ten (10) shall consist of the counties 
of Ulster and Greene. 

District number Eleven (11) shall consist of the coun- 
ties of Albany and Schenectady. 

District number Twelve (12) shall consist of the county 
of Rensselaer. 

District number Thirteen (13) shall consist of the 
counties of Washington and Saratoga. 



CONSTITUTION OF STATE OF NEW YORK. 19 

District number Fourteen (14) shall consist of the 
lounties of Warren, Essex and Clinton. 

District number Fifteen (15) shall consist of the coun- 
ties of St. Lawrence and Franklin. 

District number Sixteen (16) shall consist of the coun- 
ties of Herkimer, Hamilton, Fulton and Montgomery. 

District number Seventeen (17) shall consist of the 
counties of Schoharie and Delaware. 

District number Eighteen (18) shall consist of the conn 
ties of Otsego and Chenango. 

District number Nineteen (19) shall consist of the 
county of Oneida. 

District number Twenty (20) shall consist of the coun 
ties of Madison and Oswego. 

District number Twenty-one (21) shall consist of the 
counties of Jefferson and Lewis. 

District number Twenty-two (22) shall consist of the 
county of Onondaga. 

District number Twenty-three (23) shall consist of the 
counties of Cortland, Broome and Tioga. 

District number Twenty-four (24) shall consist of the 
counties of Cayuga and Wayne. 

District number Twenty-five (25) shall consist of the 
counties of Tompkins, Seneca and Yates. 

District number Twenty-six (26) shall consist of the 
counties of Steuben and Chemung. 

District number Twenty-seven (27) shall consist of the 
county of Monroe. 

District number Twenty-eight (28) shall consist of the 
counties of Orleans, Genesee and Niagara. 

District number Twenty-nine (29) shall consist of the 
counties of Ontario and Livingston. 



20 CONSTITUTION OF STATE OF NEW YORK. 

District number Thirty (30) shall consist of the coun 
ties of Allegany and Wyoming. 

District number Thirty-one (31) shall consist of the 
county of Erie. 

District number Thirty-two (32) shall consist of the 
counties of Chautauqua and Cattaraugus. 

Sec. 4. An enumeration of the inhabitants of the 
State shall be taken, under the direction of the Legisla- 
ture, in the year one thousand eight hundred and fifty- 
five, and at the end of every ten years thereafter ; and 
the said districts shall be so altered by the Legislature, 
at the first session after the return of every enumera- 
tion, that each Senate district shall contain, as nearly as 
may be, an equal number of inhabitants, excluding 
aliens, and persons of color not taxed ; and shall remain 
unaltered until the return of another enumeration, and 
shall at all times consist of contiguous territory ; and no 
county shall be divided in the formation of a Senate dis- 
trict, except such county shall be equitably entitled to 
two or more senators. 

*Sec. 5. The Assembly shall consist of one hundred and 
twenty-eight members, elected for one year. The Mem- 
bers of Assembly shall be apportioned among the seve- 
ral counties of the State, by the Legislature, as nearly 
as may be, according to the number of their respective 
inhabitants, excluding aliens, and shall be chosen by 
single districts.! The Assembly districts shall remain 
as at present organized, until after the enumeration of 

* As amended by vote of the people, November 3, 1874. 
+ For existing Assembly Districts, see chapter 607, Laws of 
1866. 



CONSTITUTION" OF STATE OF NEW YORK. 21 

the inhabitants of the State, in the year eighteen hun- 
dred and seventy-five. The Legislature, at its first ses- 
sion after the return of every enumeration, shall appor- 
tion the Members of Assembly among the several 
counties of the State, in manner aforesaid, and the board 
of supervisors in such counties as may be entitled under 
such apportionment, to more than one member, except 
the city and county of New York, and in said city and 
county the board of aldermen of said city shall assemble 
at such time as the Legislature making such apportion- 
ment shall prescribe, and divide their respective counties 
into Assembly districts, each of which districts shall 
consist of convenient and contiguous territory, equal to 
the number of members of Assembly to which such 
counties shall be entitled, and shall cause to be filed in 
the offices of the Secretary of State and the clerks of 
their respective counties a description of such districts, 
specifying the number of each district and the popula- 
tion thereof, according to the last preceding enumeration 
as near as can be ascertained, and the apportionment and 
districts shall remain unaltered until another enumera- 
tion shall be made as herein provided. No town shall 
be divided in the formation of Assembly districts. 
Every county heretofore established and separately 
organized, except the county of Hamilton, shall always 
be entitled to one member of the Assembly, and no new 
county shall be hereafter erected, unless its population 
snail entitle it to a member. The county of Hamilton 
shall elect with the county of Fulton, until the population 
,of the county of Hamilton shall, according to the ratio, be 
entitled to a member. But the Legislature may abolish 
the said county of Hamilton, and annex the territory 



22 CONSTITUTION OF STATE OF NEW YORK. 

thereof to some other county or counties. Nothing in this 
section shall prevent division at any time of counties and 
towns, and the erection of new towns and counties by 
the Legislature. 

* Sec. 6. Each member of the Legislature shall receive 
for his services an annual salary of one thousand five 
hundred dollars. The members of either house shall 
also receive the sum of one dollar for every ten miles 
they shall travel, in going to and returning from their 
place of meeting, once in each session, on the most usual 
route. Senators, when the Senate alone is convened in 
extraordinary session, or when serving as members of 
the Court for the Trial of Impeachments, and such mem- 
bers of the Assembly, not exceeding nine in number, as 
shall be appointed managers of an impeachment, shall 
receive an additional allowance of ten dollars a day. 

* Sec. 7. No member of the Legislature shall receive 
any civil appointment within this State, or the Senate 
of the United States, from the Governor, the Governor 
and Senate, or from the Legislature, or from any city 
government during the time for which he shall have 
been elected ; and all such appointments and all votes 
given for any such member for any such office or appoint- 
ment shall be void. 

* Sec. 8. No person shall be eligible to the Legislature 
who, at the time of his election, is, or within one hun- 
dred days previous thereto has been, a member of Con- 
gress, a civil or military officer under the United States, 
or an officer under any city government ; and if any 
person shall, after his election as a member of the Leg. 

•As amended by rote of the people, Nov. 3, 1874. 



CONSTITUTION OF STATE OF NEW YORK. 23 

islature, be elected to Congress, or appointed to any 
office civil or military, under the government of the 
United States, or under any city government, his 
acceptance thereof shall vacate his seat. 

Sec. 9. The elections of Senators and Members of 
Assembly, pursuant to the provisions of this Constitu- 
tion, shall be held on the Tuesday succeeding the first 
Monday of November, unless otherwise directed by the 
Legislature. 

Sec. 10. A majority of each house shall constitute a 
quorum to do business. Each house shall determine 
the rules of its own proceedings, and be the judge of 
the elections, returns and qualifications of its own mem- 
bers, shall choose its own officers ; and the Senate shall 
choose a temporary president, when the Lieutenant- 
Governor shall not attend as president, or shall act as 
Governor. 

Sec. 11. Each house shall keep a journal of its pro- 
ceedings, anfl publish the same, except such parts as 
may require secrecy. The doors of each house shall 
be kept open, except when the public welfare shall 
require secrecy. Neither house shall, without the con- 
sent of the other, adjourn for more than two days. 

Sec. 12. For any speech or debate in either house of 
the Legislature, the members shall not be questioned in 
any other place. 

Sec. 13. Any bill may originate in either house of 
the Legislature, and all bills passed by one house may 
be amended by the other. 

Sec. 14. The enacting clause of all bills shall be 
' The People of the State of New York, represented ic 
IS 



34 CONSTITUTION OF STATE OF NEW" YORK. 

Senate and A ssembly, do enact as follows," and no law 
shall be enacted except by bill. 

Sec. 15. No bill shall be passed unless by the assent 
of a majority of all the members elected to each branch 
of the Legislature, and the question upon the final pas- 
sage shall be taken immediately upon its last reading, 
and the yeas and nays entered on the journal. 

Sec. 16. No private or local bill, which may be passed 
by the Legislature, shall embrace more than one sub- 
ject, and that shall be expressed in the title. 

* Sec. 17. No act shall be passed which shall provide 
that any existing law, or any part thereof, shall be made 
or deemed a part of said act, or which shall enact that 
any existing law, or any part thereof, shall be applicable, 
except by inserting it in such act. 

Sec. 18. The Legislature shall not pass a private or 
local bill in any of the following cases : 

Changing the names of persons. 

Laying out, opening, altering, working oi discontinu- 
ing roads, highways or alleys, or for draining swamps 
or other low lands. 

Locating or changing county seats. 

Providing for changes of venue in civil or criminal 
cases. 

Incorporating villages. 

Providing for election of members of boards of super- 
risors. 

Selecting, drawing, summoning or impaneling grand 
or petit jurors. 

* Sections 17 to 25, both inclusive, added by vote of the peo- 
ple Nov. 3, 1874. 



CONSTITUTION OF STATE OF NEW YORK. 25 

Regulating the rate of interest on money. 

The opening and conducting of elections or designat- 
ing places of voting. 

Creating, increasing or decreasing fees, percentage or 
allowances of public officers, during the term for which 
said officers are elected or appointed. 

Granting to any corporation, association or individual 
the right to lay down railroad tracks. 

Granting to any private corporation, association or indi- 
vidual any exclusive privilege, immunity or franchise 
whatever. 

Providing for building bridges, and chartering com- 
panies for such purposes, except on the Hudson river 
below Waterford, and on the East river, or over the 
waters forming a part of the boundaries of the State. 

The Legislature shall pass general laws providing for 
the cases enumerated in this section, and for all other 
cases which in its judgment may be provided for by 
general laws. But no law shall authorize the construc- 
tion or operation of a street railroad except upon the 
condition that the consent of the owners of one-half in 
value the property bounded on, and the consent also 
of the local authorities having the control of that por- 
tion of a street or highway upon which it is proposed 
to construct or operate such railroad be first obtained, 
or in case the consent of such property owners cannot 
be obtained, the general term of the supreme court, in 
the district in which it is proposed to be constructed, 
may, upon application, appoint three commissioners who 
shall determine, after a hearing of all parties interested, 
whether such railroad ought to be constructed or ope 



26 CONSTITUTION OF STATE OF NEW YORK. 

rated, and tlieir determination, confirmed by the court, 
may be taken in lieu of the consent of the property 
owners. 

Sec. 19. The Legislature shall neither audit nor allow 
any private claim or account against the State, but may 
appropriate money to pay such claims as shall have been 
audited and allowed according to law. 

Sec. 20. Every law which imposes, continues or revives 
a tax shall distinctly state the tax and the object to 
which it is to be applied, and it shall not be sufficient to 
refer to any other law to fix such tax or object. 

Sec. 21. On the final passage, in either house of the 
Legislature, of any act which imposes, continues or 
revives a tax, or creates a debt or charge, or makes, con- 
tinues or revives any appropriation of public or trust 
money or property, or releases, discharges or commutes 
any claim or demand of the State, the question shall be 
taken by yeas and nays, which shall be duly entered 
upon the journals, and three-fifths of all the members 
elected to either house shall, in all such cases, be neces- 
sary to constitute a quorum therein. 

Sec. 22. There shall be in the several counties, except 
in cities whose boundaries are the same as those of the 
county, a board of supervisors, to be composed of such 
members, and elected in such manner, and for such 
period, as is or may be provided by law. In any such 
city the duties and powers of a board of supervisors 
may be devolved upoD the common council or board of 
aldermen thereof. 

Sec. 23. The Legislature shall, by general laws, con- 
fer upon the boards of supervisors of the several coun. 
ties of the State such further powers of local legisla 



CONSTITUTION OF STATE OF NEW YORK. 27 

tion and administration as the legislature may from time 
to time deem expedient. 

Sec. 24 The Legislature shall not, nor shall the com- 
mon council of any city nor any board of supervisors, 
grant any extra compensation to any public officer, ser- 
vant, agent or contractor. 

Sec. 25. Sections seventeen and eighteen of this arti- 
cle shall not apply to any bill, or the amendments to 
any bill, which shall be reported to the Legislature by 
Commissioners who have been appointed pursuant to 
law to revise the Statutes. 

ARTICLE IV. 

^Section L The executive power shall be vested in a 
Governor, who shall hold his office for three years ; a 
Lieutenant-Governor shall be chosen at the same time, 
and for the same term. The Governor and Lieutenant- 
Governor elected next preceding the time when this 
section shall take effect shall hold office during the 
term for which they were elected. 

* Sec. 2. No person shall be eligible to the office of 
Governor or Lieutenant-Governor, except a citizen of the 
United States, of the age of not less than thirty years, 
and who shall have been five years, next preceding 
his election, a resident of this State. 

Sec. 3. The Governor and Lieutenant-Governor shall 
be elected at the times and places of choosing mem- 
bers of the Assembly. The persons respectively having 
the highest number of votes for Governor and Lieu- 
tenant-Governor, shall be elected ; but in case two or 

•As amended by vote of the people, Nov. 3, 1874. 



28 CONSTITUTION OE STATE OF NEW YORK. 

more shall have an equal and the highest number of 
votes for Governor, or for Lieutenant Governor the two 
houses of the Legislature, at its next annual session, 
shall, forthwith, by joint-ballot, choose one of the said 
persons so having an equal and the highest number of 
votes for Governor or Lieutenant-Governor. 

*Sec. 4. The Governor shall be Commander-in-Chief 
of the military and naval forces of the State. He shall 
have power to convene the Legislature (or the Senate 
only) on extraordinary occasions. At extraordinary ses- 
sions no subject shall be acted upon, except such as the 
Governor may recommend for consideration. He 
shall communicate by message to the Legislature at 
every session the condition of the State, and recommend 
such matters to them as he shall judge expedient. He 
shall transact all necessary business with the officers of 
government, civil and military. He shall expedite 
all such measures as may be resolved upon by the Leg- 
islature, and shall take care that the laws are faithfully 
executed. He shall receive for his services an annual 
salary of ten thousand dollars, and there shall be pro- 
vided for his use a suitable and furnished executive resi- 
dence. 

Sec. 5. The Governor shall have the power to grant 
reprieves, commutations and pardons after conviction, 
for all offenses except treason and cases of impeach- 
ment, upon such conditions, and with such restrictions 
and limitations, as he may think proper, subject to such 
regulation as may be provided by law relative to the 
manner of applying for pardons. Upon conviction for 

♦As amended by vote of the people, Nov. 3, 1874. 



CONSTITUTION OF STATE OF NEW YORK. 29 

treason, lie shall have power to suspend the execution 
of the sentence, until the case shall be reported to the 
Legislature at its next meeting, when the Legislature 
shall either pardon, or commute the sentence, direct the 
execution of the sentence, or grant a further reprieve. 
He shall annually communicate to the Legislature each 
case of reprieve, commutation or pardon granted ; stat- 
ing the name of the convict, the crime of which he was 
convicted, the sentence and its date, and the date of the 
commutation, pardon or reprieve. 

Sec. 6. In case of the impeachment of the Governor, 
or his removal from office, death, inability to discharge 
the powers and duties of the said office, resignation, or 
absence from the State, the powers and duties of the 
office shall devolve upon the Lieutenant-Governor for 
the residue of the term, or until the disability shall 
cease. But when the Governor shall, with the consent 
of the Legislature, be out of the State in time of war, at 
the head of a military force thereof, he shall continue 
commander-in-chief of all the military force of the 
State. 

Sec. 7. The Lieutenant-Governor shall possess the 
same qualifications of eligibility for office as the Gover- 
nor. He shall be president of the Senate, but shall 
have only a casting vote therein. If during a vacancy 
of the office of Governor, the Lieutenant-Governor shall 
be impeached, displaced, resign, die, or become incapa- 
ble of performing the duties of his office, or be absent 
from the State, the president of the Senate shall act as 
Governor until the vacancy be filled, or the disability 
shall cease. 



30 CONSTITUTION OF STATE OF NEW YORK. 

* Sec. 8. The Lieutenant-Governor shall receive for his 
services an annual salary of five thousand dollars, and 
shall not receive or be entitled to any other compensa- 
tion, fee or perquisite for any duty or service he may 
be required to perform by the Constitution or by law. 

**Sec. 9. Every bill which shall have passed the Senate 
and Assembly shall, before it becomes a law, be pre- 
sented to the Governor ; if he approve, he shall sign it; 
but if not, he shall return it with his objections to the 
house in which it shall have originated, which shall 
enter the objections at large on the journal, and proceed 
to reconsider it. If, after such reconsideration, two-thirds 
of the members elected to that house shall agree to pass 
the bill, it shall be sent together with the objections to 
the other house by which it shall likewise be reconsid- 
ered ; and if approved by two-thirds of the members 
elected to that house, it shall become a law notwithstand- 
ing the objections of the Governor. In all such cases, 
the votes in both houses shall be determined by yeas 
and nays, and the names of the members voting shall 
be entered on the journal of each house respectively. 
If any bill shall not be returned by the Governor within 
ten days (Sundays excepted) after it shall have been pre- 
sented to him, the same shall be a law in like manner 
as if he had signed it, unless the Legislature shall, by 
their adjournment, prevent its return, in which case it 
shall not become a law without the approval of the Gov- 
ernor. No bill shall become a law after the final ad- 
journment of the Legislature, unless approved by the 
Governor within thirty days after such adjournment. 

♦As amended by vote of the people, November 3, 1874. 



CONSTITUTION OF STATE OF NEW YOKE. 31 

If any bill presented to the Governor contain several 
items of appropriation of money, he may object to one 
or more of such items while approving of the other por- 
tion of the bill. In such case, he shall append to the 
bill, at the time of signing it, a statement of the items 
to which he objects ; and the appropriation so objected 
to shall not take effect. If the Legislature be in session, 
he shall transmit to the house in which the bill originated 
a copy of such statement, and the items objected to shall 
be separately reconsidered. If, on reconsideration, one 
or more of such items be approved by two-thirds of the 
members elected to each house, the same shall be part 
of the law, notwithstanding the objections of the Gov- 
ernor. All the provisions of this section, in relation to 
bills not approved by the Governor, shall apply in cases 
in which he shall withhold his approval from any item 
or items contained in a bill appropriating money. 

ARTICLE V. 

Section 1. The Secretary of State, Comptroller, Treas- 
urer and Attorney-General shall be chosen at a genera] 
election, and shall hold their offices for two years. Each 
of the officers in this article named (except the Speaker 
of the Assembly) shall, at stated times during his con- 
tinuance in office, receive for his services, a compensa- 
tion, which shall not be increased or diminished during 
the term for which he shall have been elected ; nor 
shall he receive, to his use, any fees or perquisites ol 
office, or other compensation. 

Sec. 2. A State Engineer and Surveyor shall be chosen 
at a general election, and shall hold his office two years, 



3# CONSTITUTION" OF STATE OF NEW YORK. 

but no person shall be elected to said office who is not 
a practical engineer. 

* Sec. 3. A Superintendent of Public Works shall be 
appointed by the Governor, by and with the advice and 
consent of the Senate, and hold his office until the end 
of the term of the Governor by whom he was nomin- 
ated, and until his successor is appointed and qualified. 
He shall receive a compensation to be fixed by law. 
He shall be required by law to give security for the 
faithful execution of his office before entering upon 
the duties thereof. He shall be charged with the exe- 
cution of all laws relating to the repair and navigation 
of the canals, and also of those relating to the con- 
struction and improvement of the canals, except so far 
as the execution of the laws relating to such construc- 
tion or improvement shall be confided to the State 
Engineer and Surveyor ; subject to the control of the 
Legislature, he shall make the rules and regulations 
for the navigation or use of the canals. He may be 
suspended or removed from office by the Governor, 
whenever, in his judgment, the public interest shall so 
require ; but in case of the removal of such Superin- 
tendent of Public Works from office, the Governor 
shall file with the Secretary of State a statement of 
the cause of such removal, and shall report such re- 
moval, and the cause thereof, to the Legislature at its 
next session. The Superintendent of Public Works 
shall appoint not more than three assistant superin- 
tendents, whose duties shall be prescribed by him, sub- 
ject to modification by the Legislature, and who shall 

* As amended by vote of the people, Nov. 7, 1876. 



CONSTITUTION OF STATE OF NEW YORK. 33 

receive for their services a compensation to be fixed 
by law. They shall hold their office for three years, 
subject to suspension or removal by the Superintendent 
of Public Works, whenever, in his judgment, the pub- 
lic interest shall so require. Any vacancy in the office 
of any such assistant superintendent shall be filled for 
the remainder of the term for which he was appointed, 
by the Superintendent of Public Works; but in case of 
the suspension or removal of any such assistant super- 
intendent by him, he shall at once report to the Gover- 
nor, in writing, the cause of such removal. All other 
persons employed in the care and management of the 
canals, except collectors of tolls, and those in the de- 
partment of the State Engineer and Surveyor, shall be 
appointed by the Superintendent of Public Works, and 
be subject to suspension or removal by him. The 
office of Canal Commissioner is abolished from and 
after the appointment and qualification of the Super- 
intendent of Public Works, until which time the Canal 
Commissioners shall continue to discharge their duties 
as now provided by law. The Superintendent of Pub- 
lic Works shall perform all the duties of the Canal 
Commissioners, and board of Canal Commissioners, as 
now declared by law, until otherwise provided by the 
Legislature. The Governor, by and with the advice 
and consent of the Senate, shall have power to fill 
vacancies in the office of Superintendent of Public 
Works; if the Senate be not in session, he may grant 
commissions which shall expire at the end of the next 
succeeding session of the Senate. 



34 CONSTITUTION OF STATE OF NEW YORK. 

* Sec. 4. A Superintendent of State Prisons shall be 
appointed by the Governor, by and with the advice 
and consent of the Senate, and hold his office for five 
years unless sooner removed ; he shall give security 
in such amount, and with such sureties as shall be 
required by law for the faithful discharge of his 
duties; he shall have the superintendence, manage- 
ment and control of State prisons, subject to such laws 
as now exist or may hereafter be enacted ; he shall 
appoint the agents, wardens, physicians and chaplains 
of the prisons. The agent and warden of each prison 
shall appoint all other officers of such prison, except 
the clerk, subject to the approval of the same by the 
Superintendent. The Comptroller shall appoint the 
clerks of the prisons. The Superintendent shall have 
all the powers and perform all the duties not inconsist- 
ent herewith, which have heretofore been had and 
performed by the Inspectors of State Prisons; and 
from and after the time when such Superintendent of 
State Prisons shall have been appointed and qualified, 
the office of Inspector of State Prisons shall be and 
hereby is abolished. The Governor may remove the 
Superintendent for cause at any time, giving to him a 
copy of the charges against him, and an opportunity to 
be heard in his defense. 

Sec. 5. The Lieutenant-Governor, Speaker of the 
Assembly, Secretary of State, Comptroller, Treasurer, 
Attorney- General, and State Engineer and Surveyor, 

* As amended by vote of the people, Nov. 7, 1876. 



CONSTITUTION OF STATE OF NEW YOKK. 35 

Bhall be the Commissioners of the Land Office. The 
Lieutenant-Governor, Secretary of State, Comptroller, 
Treasurer, and Attorney-General, shall be the Commis- 
sioners of the Canal Fund. The Canal Board shall con- 
sist of the Commissioners of the Canal Fund, the State 
Engineer and Surveyor, and the Canal Commissioners. 

Sec. 6. The powers and duties of the respective 
Boards, and of the several officers in this article men- 
tioned, shall be such as now are or hereafter may be 
prescribed by law. 

Sec. 7. The Treasurer may be suspended from office 
by the Governor, during the recess of the Legislature, 
and until thirty days after the commencement of the 
next session of the Legislature, whenever it shall 
appear to him that such Treasurer has, in any particu- 
lar, violated his duty. The Governor shall appoint a 
competent person to discharge the duties of the office, 
during such suspension of the Treasurer. 

Sec. 8. All offices for the weighing, gauging, meas- 
uring, culling or inspecting any merchandise, produce, 
manufacture or commodity whatever, are hereby abol- 
ished, and no such office shall hereafter be created by 
law; but nothing in this section contained, shall abro- 
gate any office created for the purpose of protecting the 
public health or the interests of the State in its prop- 
erty, revenue, tolls, or purchases or of supplying the 
people with correct standards of weights and measures, 
or shall prevent the creation of any office for such pur- 
poses hereafter. 



36 CONSTITUTION OF STATE OF NEW YORK. 



ARTICLE VI. 

[Article 6 of the Constitution (except section 28) was framed 
by delegates elected April 33, 1867, under chapter 194, Laws 
of 1867, to a Constitutional Convention (convened pursuant 
to section 2 of article 13 of the Constitution, by vote of the 
people at the general election held November 6, 1866), which 
Convention met in the city of Albany, June 4, 1867, and ad- 
journed February 28, 1868. 

Article 6 (except section 28) was submitted separately to 
the people, pursuant to chapter 318, Laws of 1869, at the gen- 
eral election held November 2, 1869, and declared ratified and 
adopted by the Board of State Canvassers, by certificate of 
determination, dated December 6, 1869, the official vote 
thereon, as declared, standing, " for the amended judiciary 
article," 247,240 votes, and tk against the amended judiciary 
article," 240,442 votes.] 

Section 1. The Assembly snail have the power of 
impeachment, by a vote of a majority of all the mem- 
bers elected. The court for the trial of impeachments 
shall be composed of the President of the Senate, the 
Senators, or a major part of them, and the Judges of the 
Court of Appeals, or the major part of them. On the 
trial of an impeachment against the Governor, the Lieu- 
tenant-Governor shall not act as a member of the court. 
No judicial officer shall exercise his office, after articles 
of impeachment against him shall have been preferred 
to the Senate, until he shall have been acquitted. Before 
the trial of an impeachment, the members of the court 
shall take an oath or affirmation, truly and impartially 
to try the impeachment, according to evidence ; and no 
person shall be convicted without the concurrence of two- 
thirds of the members present. Judgment in cases of 
impeachment shall not extend further than to removal 
from office, or removal from office and disqualification 
to hold and enjoy any office of honor, trust, or profit 



CONSTITUTION OF STATE OF NEW YORK. 3? 

under this State ; but the party impeached shall be 
liable to indictment and punishment according to law 

Sec. 2. There shall be a Court of Appeals, composed 
of a Chief Judge and six associate Judges, who shall be 
chosen by the electors of the State, and shall hold their 
office for the term of fourteen years from and including 
the first day of January next after their election. At the 
first election of judges, under this Constitution, every 
elector may vote for the Chief and only four of the 
associate Judges. Any five members of the court shall 
form a quorum, and the concurrence of four shall be 
necessary to a decision. The court shall have the 
appointment, with the power of removal, of its reporter 
and clerk, and of such attendants as may be necessary. 

Sec. 3. When a vacancy shall occur, otherwise than 
by expiration of term, in the office of Chief or Asso- 
ciate Judge of the Court of Appeals, the same shall be 
filled, for a full term, at the next general election hap- 
pening not less than three months after such vacancy 
occurs ; and until the vacancy shall be so filled, the 
Governor by and with the advice and consent of the 
Senate, if the Senate shall be in session, or if not, the 
Governor alone, may appoint to fill such vacancy. If 
any such appointment of Chief Judge shall be made 
from among the associate judges, a temporary appoint- 
ment of associate judge shall be made in like manner ; 
but in such case, the person appointed Chief Judge shall 
not be deemed to vacate his office of associate judge any 
longer than until the expiration of his appointment as 
Chief Judge. The powers and jurisdiction of the court 
shall not be suspended for want of appointment or elec- 
tion, when the number of judges is sufficient to consti- 



38 CONSTITUTION OF STATE OF NEW YORK. 

tute a quorum. All appointments under this section 
shall continue until and including the last day of De- 
cember next after the election at which the vacancy 
shall be filled. 

Sec. 4. Upon the organization of the Court of Ap- 
peals, under this article, the causes then pending in the 
present Court of Appeals shall become vested in the 
Court of Appeals hereby established. Such of said 
causes as are pending on the first day of January, 
eighteen hundred and sixty-nine, shall be heard and de- 
termined by a Commission, to be composed of five Com- 
missioners of Appeals, four of whom shall be necessary 
to constitute a quorum ; but the Court of Appeals 
hereby established may order any of said causes to be 
heard therein. Such Commission shall be composed of 
the Judges of the present Court of Appeals, elected or 
appointed thereto, and a fifth Commissioner who shall 
be appointed by the Governor by and with the advice 
and consent of the Senate ; or, if the Senate be not in 
session, by the Governor ; but in such case, the appoint 
ment shall expire at the end of the next session. 

Sec. 5. If any vacancy shall occur in the office of the 
said Commissioners, it shall be filled by appointment by 
the Governor by and with the advice and consent of the 
Senate ; or if the Senate is not in session, by the Gover- 
nor ; but in such case, the appointment shall expire at 
the end of the next session. The Commissioners shall 
appoint, from their number, a Chief Commissioner ; and 
may appoint and remove such attendants as may be 
necessary. The reporter of the Court of Appeals shall 
be the reporter of said Commission. The decisions of 
the Commission shall be certified to, and entered and 



CONSTITUTION OF STATE OF NEW YORK. 39 

enforced, as the judgments of the Court of Appeals. 
The Commission shall continue until the causes com- 
mitted to it are determined, but not exceeding three 
years ; and all causes then undetermined shall be heard 
by the Court of Appeals. 

Sec. 6. There shall be the existing Supreme Court, 
with general jurisdiction in law and equity, subject to 
such appellate jurisdiction of the Court of Appeals as 
now is or may be prescribed by law ; and it shall be 
composed of the justices now in office, who shall be con- 
tinned during their respective terms, and of their suc- 
cessors. The existing judicial districts of the State 
are continued until changed pursuant to this section.* 
Five of the justices shall reside in the district in which 
is the city of New York, and four in each of the other 
districts. The Legislature may alter the districts, with- 
out increasing the number, once after every enumera- 
tion, under this Constitution, of the inhabitants of the 
State. 

Sec. 7. At the first session of the Legislature, after 
the adoption of this article, and from time to time there- 
after as may be necessary, but not oftener than once in 
five years, provisions shall be made for organizing, in 
the Supreme Court, not more than four general terms 
thereof, each to be composed of a presiding justice, and 
not more than three other justices, who shall be desig- 
nated, according to law, from the whole number of jus- 
tices. Each presiding justice shall continue to act as 
such during his term of office. Provision shall be made 

* See chapter 241, Laws of 1847, and chapter 485, Laws of 
1857, for existing Judicial Districts. 



4:0 CONSTITUTION OF STATE OF NEW YOKE. 

by law for holding the general terms in each judicial 
district. Any justice of the Supreme Court may hold 
special terms and Circuit Courts, and may preside in 
Courts of Oyer and Terminer, in any county. 

Sec. 8. No judge or justice shall sit, at a general term 
of any court, or in the Court of Appeals, in review of a 
decision made by him, or by any court of which he was 
at the time, a sitting member. The testimony in equity 
cases shall be taken in like manner as in cases at law ; 
and except as herein otherwise provided, the Legislature 
shall have the same power to alter and regulate the 
jurisdiction and proceedings in law and equity that they 
have heretofore exercised. 

Sec. 9. When a vacancy shall occur, otherwise than 
by expiration of term, in the office of Justice of the 
Supreme Court, the same shall be filled, for a full term, 
at the next general election happening not less than 
three months after such vacancy occurs ; and until any 
vacancy shall be so filled, the Governor by and with the 
advice and consent of the Senate, if the Senate shall be 
in session, or if not in session, the Governor may appoint 
to fill such vacancy. Any such appointment shall con- 
tinue until and including the last day of December next 
after the election at which the vacancy shall be filled. 

Sec. 10. The Judges of the Court of Appeals, and the 
Justices of the Supreme Court, shall not hold any other 
office or public trust. All votes for any of them, for any 
other than a judicial office, given by the Legislature or 
the people, shall be void. 

Sec. 11. Judges of the Court of Appeals, and 
Justices of the Supreme Court, may be removed 



CONSTITUTION OF STATE OF NEW YORK. 41 

by concurrent resolution of both bouses of tbe 
Legislature, if two-thirds of all the members elected 
to each house concur therein. All judicial offi- 
cers, except those mentioned in this section, and 
except Justices of the Peace and Judges and Jus 
tices of inferior courts not of record, may be removed 
by the Senate, on the recommendation of the Governor, 
if two-thirds of all the members elected to the Senate 
concur therein. But no removal shall be made, by vir- 
tue of this section, unless the cause thereof be entered 
on the journals, nor unless the party complained of 
shall have been served with a copy of the charges 
against him, and shall have had an opportunity of being 
heard. On the question of removal, the yeas and nays 
shall be entered on the journal. 

Sec. 12. The Superior Court of the city of New York, 
the Court of Common Pleas for the city and county of 
New York, the Superior Court of Buffalo, and the City 
Court of Brooklyn, are continued with the powers and 
jurisdiction they now severally have, and such further 
civil and criminal jurisdiction as may be conferred by 
law. The Superior Court of New York shall be com- 
posed of the six judges in office at the adoption of this 
article, and their successors ; the Court of Common 
Pleas of New York, of the three judges then in office, 
and their successors, and three additional judges; the 
Superior Court of Buffalo, of the judges now in office 
and their successors ; and the City Court of Brooklyn, 
of such number of judges, not exceeding three, as may 
be provided by law. The Judges of said Courts, in 
office at the adoption of this article, are continued until 



42 CONSTITUTION OF STATE OF NEW YORK. 

the expiration of their terms. A Chief Judge shall be 
appointed by the judges of each of said courts, from 
their own number, who shall act as such during his 
official term. Vacancies in the office of the judges 
named- in this section, occurring otherwise than by ex- 
piration of term, shall be filled in the same manner as 
vacancies in the Supreme Court. The Legislature may 
provide for detailing judges of the Superior Court and 
Court of Common Pleas of New York, to hold circuits 
or special terms of the Supreme Court in that city, as 
the public interest may require. 

Sec. 13. Justices of the Supreme Court shall be chosen 
by the electors of their respective judicial districts. 
Judges of all the courts mentioned in the last preced- 
ing section shall be chosen by the electors of the cities 
respectively in which the said courts are instituted. The 
official terms of the said justices and judges who shall 
be elected after the adoption of this article shall be 
fourteen years from and including the first day of Jan- 
uary next after their election. But no person shall hold 
the office of justice or judge of any court longer than 
until and including the last day of December next after 
he shall be seventy years of age. 

Sec. 14. The judges and justices hereinbefore men- 
tioned shall receive for their services a compensation to 
be established by law, which shall not be diminished 
during their official terms. Except the Judges of the 
Court of Appeals and the Justices of the Supreme Court; 
they shall be paid, and the expenses of their courts 
defrayed, by the cities or counties in which such courts 
are instituted, as shall be provided by law. 



CONSTITUTION OF STATE OF NEW YORK. 43 

Sec. 15. The existing county courts are continued, and 
the jv&LgeB thereof in office at the adoption of this article, 
shall hold their offices until the expiration of their 
respective terms. Their successors shall be chosen by 
the electors of the counties, for the term of six years. 
The County Gourts shall have the powers and jurisdic- 
tion they now possess, until altered by the legislature. 
They shall also have original jurisdiction in all cases 
where the defendants reside in the county and in which 
. the damages claimed shall not exceed one thousand dol- 
lars; and also such appellate jurisdiction as shall be 
provided by law, subject, however, to such provision as 
shall be made by law for the removal of causes into the 
Supreme Court. They shall also have such other 
original jurisdiction as shall, from time to time, be 
conferred upon them by the Legislature. The county 
Judge, with two Justices of the Peace, to be desig- 
nated according to law, may hold Courts of Sessions, 
with such criminal jurisdiction as the Legislature shall 
prescribe, and he shall perform such other duties as may 
be required by law. His salary, and the salary of the 
Surrogate when elected as a separate officer, shall be 
established by law, payable out of the County Treas- 
ury, and shall not be diminished during his term of 
office. The Justices of the Peace shall be paid, for ser- 
vices in Courts of Sessions, a per diem allowance out of 
the County Treasury. The County Judge shall also be 
Surrogate of his county ; but in counties having a pop- 
ulation exceeding forty thousand, the Legislature may 
provide for the election of a separate officer to be Surro 
gate, whose term of office shall be the same as that of 



4:4. CONSTITUTION OE STATE OF NEW YORK. 

the County Judge. The County Judge of any county 
may preside at Courts of Sessions, or hold County Courts, 
in any other county, except New York and Kings, when 
requested by the judge of such other county. 

Sec. 16. The Legislature may, on application of the 
Board of Supervisors, provide for the election of local 
officers, not to exceed two in any county, to discharge 
the duties of County Judge and of Surrogate, in cases 
of their inability, or of a vacancy, and to exercise such 
other powers in special cases as may be provided by law. 

Sec. 17. The Legislature shall provide for submitting 
to the electors of the State, at the general election in 
the year eighteen hundred and seventy-three, two ques- 
tions, to be voted upon on separate ballots, as follows : 
First, u Shall the offices of Chief Judge and Associate 
Judge of the Court of Appeals, and of Justice of the 
Supreme Court, be hereafter filled by appointment ? " * 
If a majority of the votes upon the question shall be in 
the affirmative, the said officers shall not thereafter be 
elective, but, as vacancies occur, they shall be filled by 
appointment by the Governor by and with the advice 
and consent of the Senate ; or if the Senate be not in 
session, by the Governor; but in such case, he shall 
nominate to the Senate when next convened, and such 
appointment by the Governor alone shall expire at the 
end of that session. Second, " Shall the offices of the 
judges mentioned in sections twelve and fifteen of arti- 
cle six of the Constitution, be hereafter filled by appoint- 
ment ? " * If a majority of the votes upon the question 

* Submitted to vote of the people, November 4, 1873 — pur- 
suant to chap. 314, Laws of 1873, — and determined in the 
negative. 



CONSTITUTION OP STATE OF NEW YORK. 45 

Bhall be in the affirmative, the said officers shall not 
thereafter be elective, but as vacancies occur, they shall 
be filled in the manner in this section above provided. 

Sec. 18. The electors of the several towns shall, at 
their annual town meeting, and in such manner as the 
Legislature may direct, elect Justices of the Peace, 
whose term of office shall be four years. In case of an 
election to fill a vacancy occurring before the expiration 
of a full term, they shall hold for the residue of the 
unexpired term. Their number and classification may 
be regulated by law. Justices of the Peace, and Judges 
or Justices of inferior courts not of record and their 
clerks, may be removed, after due notice and an oppor- 
tunity of being heard by such courts as may be pre- 
scribed by law, for causes to be assigned in the order of 
removal. Justices of the Peace and district court jus- 
tices shall be elected in the different cities of this State, 
in such manner, and with such powers, and for such 
terms, respectively, as shall be prescribed by law ; all 
other judicial officers in cities, whose election or ap- 
pointment is not otherwise provided for in this article, 
shall be chosen by the electors of cities, or appointed 
by some local authorities thereof. 

Sec. 19. Inferior local courts of civil and criminal 
jurisdiction may be established by the Legislature ; and, 
except as herein otherwise provided, all judicial officers 
shall be elected or appointed at such times, and in such 
manner, as the Legislature may direct. 

Sec. 20. Clerks of the several counties shall be Clerks 
of the Supreme Court, with such powers and duties as 
■hall be prescribed by law. The Clerk of the Court of 



46 CONSTITUTION OF STATE OF NEW YORK. 

Appeals shall keep liis office at the seat of government. 
His compensation shall be fixed by law and paid ont of 
the public treasury. 

Sec. 21. No judicial officer, except Justices of the 
Peace, shall receive to his own use any fees or perqui- 
sites of office ; nor shall any Judge of the Court of Ap- 
peals, Justice of the Supreme Court, or Judge of a 
Court of Record in the cities of New York, Brooklyn or 
Buffalo, practice as an attorney or counselor in any court 
of record in this State, or act as referee. 

Sec. 22. The Legislature may authorize the judg- 
ments, decrees and decisions of any court of record of 
original civil jurisdiction, established in a city, to be re 
moved for review, directly into the Court of Appeals. 

Sec. 23. The Legislature shall provide for the speedy 
publication of all Statutes, and also for the appointment 
by the Justices of the Supreme Court designated to hold 
general terms, of a reporter of the decisions of that 
court. All laws and judicial decisions shall be free for 
publication by any person. 

Sec. 24. The first election of judges of the Court of 
Appeals, and of the three additional judges of the Court 
of Common Pleas for the city and county of New York, 
shall take place on such day, between the first Tuesday 
of April and the second Tuesday in June next after the 
adoption of this article, as may be provided by law. The 
Court of Appeals, the Commissioners of Appeals, and 
the additional judges of the said Court of Common 
Pleas, shall respectively enter upon their duties on the 
first Monday of July thereafter. 

Sec. 25. Surrogates, Justices of the Peace, and local 



CONSTITUTION OF STATE OF NEW YORK. 4? 

judicial officers provided for in section sixteen, in office 
when this article shall take effect, shall hold their re- 
spective offices until the expiration of their terms. 

Sec. 26. Courts of special sessions shall have such 
jurisdiction of offenses of the grade of misdemeanors as 
may be prescribed by law. 

Sec. 27. For the relief of Surrogates' Courts, the Legis 
lature may confer upon Courts of Record, in any county 
having a population exceeding four hundred thousand, 
the powers and jurisdiction of surrogates, with authority 
to try issues of fact by jury in probate causes. 

* Sec. 28. The Court of Appeals may order any of the 
causes, not exceeding five hundred in number, pending 
in that court at the time of the adoption of this provision, 
to be heard and determined by the Commissioners of 
Appeals, and the Legislature may extend the term of 
service of the Commissioners of Appeals, not exceeding 
two years, f 

ARTICLE VII. 
Section 1. After paying the expenses of collection, 
superintendence and ordinary repairs, there shall be 
appropriated and set apart in each fiscal year out of the 
revenues of the State Canals, in each year, commencing 
on the first day of June, one thousand eight hundred 
and forty-six, the sum of one million and three hun- 
dred thousand dollars until the first day of June, one 
thousand eight hundred and fifty -five, and from that 
time the sum of one million and seven hundred thou- 

* Section 28, added by vote of the people, Nov. 5, 1872. 
tTerm of service of Commissioners of Appeals extended 

to July 1, 1875, by chap. 3, Laws of 1873. 



48 CONSTITUTION OF STATE OF NEW YORK. 

sand dollars in each fiscal year, as a sinking fund to pay 
the interest and redeem the principal of that part of 
the State debt called the Canal debt, as it existed at the 
time first aforesaid, and including three hundred thou- 
sand dollars then to be borrowed, until the same shall be 
wholly paid ; and the principal and income of the said 
sinking fund shall be sacredly applied to that purpose. 
Sec. 2. After complying with the provisions of the 
first section of this article, there shall be appropri- 
ated and set apart out of the surplus revenues of the 
State Canals, in each fiscal year, commencing on the first 
day of June, one thousand eight hundred and forty-six, 
the sum of three hundred and fifty thousand dollars, 
until the time when a sufficient sum shall have been 
appropriated and set apart, under the said first section, 
to pay the interest and extinguish the entire principal 
of the Canal debt ; and after that period, then the sum 
of one million and five hundred thousand dollars in 
each fiscal year, as a sinking fund, to pay the interest 
and redeem the principal of that part of the State debt 
called the General Fund Debt, including the debt for 
loans of the State credit to railroad companies which 
have failed to pay the interest thereon, and also the 
contingent debt on State stocks loaned to incorporated 
companies which have hitherto paid the interest thereon, 
whenever and as far as any part thereof may become a 
charge on the Treasury or General Fund, until the 
same shall be wholly paid ; and the principal and income 
of the said last-mentioned sinking fund shall be sacredly 
applied to the purpose aforesaid ; and if the payment 
of any part of the moneys to the said sinking fund 



CONSTITUTION OF STATE OF NEW YORK. 49 

shall at any time be deferred, by reason of the priority 
recognized in the first section of this article, the sum so 
deferred, with quarterly interest thereon, at the then cur- 
rent rate, shall be paid to the last-mentioned sinking 
fund, as soon as it can be done consistently with the just 
rights of the creditors holding said Canal Debt. 

Sec. 3.* After paying the said expenses of collection, 
superintendence and repairs of the Canals, and the 
sums appropriated by the first and second sections of 
this article, there shall be appropriated and set apart 
in each fiscal year, out of the surplus revenues of the 
Canals, as a sinking fund, a sum sufficient to pay the 
interest as it falls due, and extinguish the principal 
within eighteen years of any loan made under this 
section, and if the said sinking fund shall not be suf- 
ficient to redeem any part of the principal at the stipu- 
lated times of payment, or to pay any part of the interest 
of such loans as stipulated, the means to satisfy any 
such deficiency shall be procured on the credit of the 
said sinking fund. After complying with the fore- 
going provisions, there shall be paid annually out 
of the said revenues into the Treasury of the State 
two hundred thousand dollars, to defray the neces- 
sary expenses of government. The remainder shall, 
in each fiscal year, be applied to meet appropria- 
tions for the enlargement and completion of the 
Canals mentioned in this section, until the said 
Canals shall be completed. In each fiscal year there- 
after the remainder shall be disposed of in such manner 

♦Section 3, as amended by vote of the people, February 15, 
1854, and November 3, 1874. 

4 



50 CONSTITUTION OF STATE OF NEW YORK. 

as the Legislature may direct, but shall at no time be 
anticipated or pledged for more than one year in ad- 
vance. The Legislature shall annually, during the 
next four years, appropriate to the enlargement of the 
Erie, the Oswego, the Cayuga and Seneca canals, and 
to the completion of the Black River and Genesee Val- 
ley canals, and for the enlargement of the locks of the 
Champlain canal, whenever, from dilapidation or decay 
it shall be necessary to rebuild them, a sum not exceed- 
ing two millions two hundred and fifty thousand dol- 
lars. The remainder of the revenues of the Canals for 
the current fiscal year in which such appropriation 
is made, shall be applied to meet such appropriation ; 
and if the same shall be deemed insufficient, the Legis- 
lature shall at the same session provide for the defi- 
ciency by loan. The Legislature shall also borrow 
one million and five hundred thousand dollars to refund 
to the holders of the Canal revenue certificates issued 
under the provisions of chapter four hundred and 
eighty-rive of the Laws of the year one thousand eight 
hundred and fifty-one, the amount received into the 
Treasury thereon. But no interest to accrue after July 
first, one thousand eight hundred and fifty-five, shall be 
paid on such certificates. The provisions of section 
twelve of this article requiring every law for borrowing 
money to be submitted to the people, shall not apply 
to the loans authorized by this section. No part 
of the revenues of the Canals or of the funds bor- 
rowed under this section, shall be paid or applied 
upon or in consequence of any alleged contract made 
under chapter four hundred and eighty-five of the Laws 



CONSTITUTION OF STATE OF NEW YORK. 51 

of the year one thousand eight hundred and fifty-one, 
except to pay for work done or materials furnished prior 
to the first day of June, one thousand eight hundred 
and fifty -two. The rates of toll on persons and prop- 
erty transported on the Canals shall not be reduced 
below those for the year one thousand eight hundred 
and fifty-two, except by the Canal Board, with the con- 
currence of the Legislature. All contracts for work or 
materials on any Canal shall be made with the person 
who shall offer to do or provide the same at the lowest 
price, with adequate security for their performance. 

♦No extra compensation shall be made to any contrac- 
tor, but if, from any unforeseen cause, the terms of any 
contract shall prove to be unjust and oppressive, the 
Canal Board may, upon the application of the contractor, 
cancel such contract. 

Sec. 4. The claims of the State against any incorpo- 
rated company to pay the interest and redeem the prin- 
cipal of the stock of the State loaned or advanced to 
such company, shall be fairly enforced, and not released 
or compromised; and the moneys arising from such claim 
shall be set apart, and applied as part of the sinking 
fund provided in the second section of this article. But 
the time limited for the fulfillment of any condition of 
any release or compromise heretofore made or provided 
for, may be extended by law. 

Sec. 5. If the sinking funds, or either of them pro- 
vided in this article, shall prove insufficient to enable 
the State, on the credit of such fund, to procure the 
means, to satisfy the claims of the creditors of the State 

* Last paragraph added, by vote of the people, Nov. 3, 1874. 



52 CONSTITUTION OF STATE OF NEW YOIIK. 

as they become payable, the Legislature shall, by equi 
table taxes, so increase the revenues of the said funds 
as to make them, respectively, sufficient perfectly to pre- 
serve the public faith. Every -contribution or advance 
to the canals, or their debt, from any source, other than 
their direct revenues, shall, with quarterly interest, at 
the rates then current, be repaid into the Treasury, for 
the use of the State, out of the Canal revenues as soon 
as it can be done consistently with the just rights of the 
creditors holding the said Canal debt. 

* Sec. 6. The Legislature shall not sell, lease or other- 
wise dispose of the Erie canal, the Oswego canal, the 
Champlain canal or the Cayuga and Seneca canal ; but 
they shall remain the property of the State, and under 
its management forever. Hereafter the expenditures 
for collections, superintendence, ordinary and extraordi- 
nary repairs on the canals named in this section, shall 
not exceed, in any year, their gross receipts for the pre- 
vious year. All funds that may be derived from any 
lease, sale or other disposition of any canal, shall be 
applied in payment of the debt for which the canal rev- 
enues are pledged. 

Sec. 7. The Legislature shall never sell or dispose of 
the Salt Springs, belonging to this State. The lands 
contiguous thereto and which may be necessary and 
convenient for the use of the Salt Springs, may be sold 
by authority of law and under the direction of the 
Commissioners of the Land Office, for the purpose of 
investing the moneys arising therefrom in other lands 

* As amended, by vote of the people, Nov. 3, 1874. 



CONSTITUTION OF STATE OF NEW YORK. 53 

alike convenient ; but by such, sale and purchase th6 
aggregate quantity of these lands shall not be dimin- 
ished. 

Sec. 8. No moneys shall ever be paid out of the 
Treasury of this State, or any of its funds, or any of 
the funds under its management, except in pursuance 
of an appropriation by law ; nor unless such payment 
be made within two years next after the passage of such 
appropriation act ; and every such law making a new 
appropriation, or continuing or reviving an appropria- 
tion, shall distinctly specify the sum appropriated, and 
the object to which it is to be applied; and it shall not 
be sufficient for such law to refer to any other law to 
fix such sum. 

Sec. 9. The credit of the State shall not, in any man- 
ner, be given or loaned to, or in aid of any individual, 
association or corporation. 

Sec. 10. The State may, to meet casual deficits or fail- 
ures in revenues, or for expenses not provided for, con- 
tract debts, but such debts, direct and contingent, singly 
or in the aggregate, shall not, at any time, exceed one 
million of dollars ; and the moneys arising from the 
loans creating such debts shall be applied to the pur- 
pose for which they were obtained, or to repay the 
debt so contracted, and to no other purpose whatever. 

Sec. 11. In addition to the above limited power to 
contract debts, the State may contract debts to repel 
invasion, suppress insurrection, or defend the State in 
war ; but the money arising from the contracting of 
such debts shall be applied to the purpose for which it 



54 CONSTITUTION OF STATE OF NEW YORK. 

was raised, or to repay such debts, and to no other pur 
pose whatever. 

Sec. 12. Except the debts specified in the tenth and 
eleventh sections of this article, no debts shall be here- 
after contracted by or on behalf of this State, unless 
such debt shall be authorized by a law, for some single 
work or object, to be distinctly specified therein ; and 
such law shall impose and provide for the collection of 
a direct annual tax to pay, and sufficient to pay the 
interest on such debt as it falls due and also to pay and 
discharge the principal of such debt within eighteen 
years from the time of the contracting thereof . No such 
law shall take effect until it shall, at a general election, 
have been submitted to the people, and have received a 
majority of all the votes cast for and against it, at such 
election. On the final passage of such bill in either 
house of the Legislature, the question shall be taken 
by ayes and noes, to be duly entered on the journals 
thereof, and shall be : " Shall this bill pass, and ought 
the same to receive the sanction of the people ? " 

The Legislature may at any time, after the approval 
of such law by the people, if no debt shall have been con- 
tracted in pursuance thereof, repeal the same ; and may 
at any time, by law, forbid the contracting of any further 
debt or liability under such law ; but the tax imposed 
by such act, in proportion to the debt and liability 
which may have been contracted, in pursuance of such 
law, shall remain in force and be irrepealable, and be 
annuallv collected, until the proceeds thereof shall have 
made the provision hereinbefore specified to pay and dis- 
charge the interest and principal of such debt and lia- 



CONSTITUTION OF STATE OF NEW YORK. 55 

bility. Tlie money arising from any loan or stock creating 
Buch debt or liability shall be applied to the work or object 
specified in the act authorizing such debt or liability, or for 
the repayment of such debt or liability, and for no other 
purpose whatever. No such law shall be submitted to 
be voted on, within three months after its passage, or 
at any general election, when any other law, or any bill, 
or any amendment to the Constitution shall be sub- 
mitted to be voted for or against. 

*Sec. 13. The sinking funds provided for the pay- 
ment of interest and the extinguishment of the princi- 
pal of the debts of the State shall be separately kept and 
safely invested, and neither of them shall be appropri- 
ated or used in any manner other than for the specific 
purpose for which it shall have been provided. 

* Sec. 14. Neither the Legislature, Canal Board, Canal 
Appraisers, nor any person or persons acting in behalf of 
the State, shall audit, allow, or pay any claim which, as 
between citizens of the State, would be barred by lapse 
of time. The limitation of existing claims shall begin 
to run from the adoption of this section ; but this pro- 
vision shall not be construed to revive claims already 
barred by existing statutes, nor to repeal any statute 
fixing the time within which claims shall be presented 
or allowed, nor shall it extend to any claims duly pre- 
sented within the time allowed by law, and prosecuted 
with due diligence from the time of such presentment. 
But if the claimant shall be under legal disability, the 
claim may be presented within two years after such dis- 
ability is removed. 



* As amended, by vote of the people, Nov. 3, 1874. 



56 CONSTITUTION OF STATE OF NEW YORK. 



ARTICLE VIIL 

Section 1. Corporations may be formed under general 
laws ; but shall not be created by special act, except for 
municipal purposes, and in cases where, in the judg- 
ment of the Legislature, the objects of the corporation 
cannot be attained under general laws. All general 
laws and special acts passed pursuant to this section 
may be altered from time to time or repealed. 

Sec. 2. Dues from corporations shall be secured by 
such individual liability of the corporators and other 
means as may be prescribed by law. 

Sec. 3. The term corporations as used in this article 
shall be construed to include all associations and joint- 
stock companies having any of the powers or privileges 
of corporations not possessed by individuals or partner 
ships. And all corporations shall have the right to 
sue and shall be subject to be sued in all courts in like 
cases as natural persons. 

* Sec. 4. The Legislature shall, by general law, con- 
form all charters of savings banks, or institutions for 
savings, to a uniformity of powers, rights and liabili- 
ties, and all charters hereafter granted for such corpora- 
tions shall be made to conform to such general law, and 
to such amendments as may be made thereto. And no 
such corporation shall have any capital stock, nor shall 
the trustees thereof, or any of them, have any interest 
whatever, direct or indirect, in the profits of such cor- 
poration ; and no director or trustee of any such bank 

* As amended, by vote of the people, Nov. 3, 1874. 



CONSTITUTION OF STATE OF NEW YOKK. 57 

or institution shall be interested in any loan or use of 
any money or property of such bank or institution for 
savings. The Legislature shall have no power to pass 
any act granting any special charter for banking pur- 
poses ; but corporations or associations may be formed 
for such purposes under general laws. 

Sec. 5. The Legislature shall have no power to pass 
any law sanctioning in any manner, directly or indi- 
rectly, the suspension of specie payments, by any per- 
son, association or corporation issuing bank notes of any 
description. 

Sec. 6. The Legislature shall provide by law for the 
registry of all bills or notes, issued or put in circulation 
as money, and shall require ample security for the re- 
demption of the same in specie. 

Sec. 7. The stockholders in every corporation and 
joint-stock association for banking purposes issuing 
bank notes or any kind of paper credits to circulate as 
money, after the first day of January, one thousand 
eight hundred and fifty, shall be individually responsi- 
ble to the amount of their respective share or shares of 
stock in any such corporation or association, for all its 
debts and liabilities of every kind, contracted after the 
said first day of January, one thousand eight hundred 
and fifty. 

Sec. 8. In case of the insolvency of any bank or bank- 
ing association, the billholders thereof shall be entitled 
to preference in payment, over all other creditors of 
such bank or association. 

Sec. 9. It shall be the duty of the Legislature to pro- 
vide for the organization of cities and incorporated vil- 



58 CONSTITUTION OF STATE OF NEW YORK. 

lages, and to restrict their power of taxation, assessment 
borrowing money, contracting debts, and loaning theii 
credit, so as to prevent abuses in assessments, and in 
contracting debt by such municipal corporations. 

* Sec. 10. Neither the credit nor the money of the 
State shall be given or loaned to or in aid of any associa- 
tion, corporation or private undertaking. This section 
shall not however prevent the Legislature from mak- 
ing such provision for the education and support of the 
blind, the deaf and dumb, and juvenile delinquents, as 
to it may seem proper. Nor shall it apply to any fund 
or property now held, or which may hereafter be held 
by the State for educational purposes. 

* Sec. 11. No county, city, town or village shall here- 
after give any money or property, or loan its money or 
credit, to or in aid of any individual, association or cor- 
poration, or become, directly or indirectly, the owner of 
stock in or bonds of any association or corporation, nor 
shall any such county, city, town or village be allowed 
to incur any indebtedness, except for county, city, town 
or village purposes. This section shall not prevent such 
county, city, town or village from making such provis- 
ion for the aid or support of its poor, as may be author- 
ized by law. 

ARTICLE IX. 
Section 1. The capital of the common school fund, the 
capital of the literature fund, and the capital of the 
United States deposit fund, shall be respectively pre- 
served inviolate. The revenue of the said common 

* Sections 10 and 11 added by vote of the people, November 
3, 1874. 



CONSTITUTION" OF STATE OF NEW YORK. 59 

school fund shall be applied to the support of common 
schools ; the revenue of the said literature fund shall 
be applied to the support of academies, and the sum of 
twenty-five thousand dollars of the revenues of the 
United States deposit fund shall each year be appro- 
priated to and made part of the capital of the said 
common school fund. 

ARTICLE X. 

Section 1. Sheriffs, clerks of counties, including the 
Register and Clerk of the city and county of New 
York, Coroners, and District Attorneys, shall be chosen, 
by the electors of the respective counties, once in every 
three years and as often as vacancies shall happen. 
Sheriffs shall hold no other office, and be ineligible for 
the next three years after the termination of their 
offices. They may be required by law to renew their 
security, from time to time ; and in default of giving 
such new security, their offices shall be deemed vacant. 
But the county shall never be made responsible for the 
acts of the Sheriff. The Governor may remove any 
officer, in this section mentioned, within the term for 
which he shall have been elected ; giving to such officer 
a copy of the charges against him, and an opportunity 
of being heard in his defense. 

Sec. 2. All county officers whose election or appoint- 
ment is not provided for, by this Constitution, shall be 
elected by the electors of the respective counties or ap- 
pointed by the Boards of Supervisors, or other county 
authorities, as the Legislature shall direct. All city, 
town and village officers, whose election or appointment 



60 CONSTITUTION OP STATE OF NEW YORK. 

is not provided for by this Constitution, shall be elected 
by the electors of such cities, towns and villages, or of 
some division thereof, or appointed by such authorities 
thereof, as the Legislature shall designate for that pur- 
pose. All other officers, whose election or appointment 
is not provided for by this Constitution, and all officers 
whose offices may hereafter be created by law, shall be 
elected by the people, or appointed, as the Legislature 
may direct. 

Sec. 3. When the duration of any office is not pro- 
vided by this Constitution, it may be declared by law, 
and if not so declared, such office shall be held during 
the pleasure of the authority making the appointment. 

Sec. 4. The time of electing all officers named in this 
article shall be prescribed by law. 

Sec. 5. The Legislature shall provide for filling va- 
cancies in office, and in case of elective officers, no per- 
son appointed to fill a vacancy shall hold his office by 
virtue of such appointment longer than the commence- 
ment of the political year next succeeding the first 
annual election after the happening of the vacancy. 

Sec. 6. The political year and Legislative term shall 
begin on the first day of January ; and the Legislature 
shall, every year, assemble on the first Tuesday in Jan- 
uary, unless a different day shall be appointed by law. 

Sec. 7. Provision shall be made by law for the remo- 
val for misconduct or malversation in office of all officers 
(except judicial) whose powers and duties are not local 
or legislative and who shall be elected at general elec- 
tions, and also for supplying vacancies created by such 
removal. 



CONSTITUTION OP STATE OF NEW TOKK. 61 

Sec. 8. The Legislature may declare the cases in 
which any office shall be deemed vacant when no pro- 
vision is made for that purpose in this Constitution. 

* Sec. 9. No officer whose salary is fixed by the Con- 
stitution shall receive any additional compensation. 
Each of the other State officers named in the Constitu- 
tion shall, during his continuance in office, receive a 
compensation, to be fixed by law, whieh shall not be 
increased or diminished during the term for which he 
shall have been elected or appointed ; nor shall he re- 
ceive to his use, any fees or perquisites of office or other 
compensation. 

ARTICLE XI. 

Section 1. The militia of this State shall, at all times 
hereafter, be armed and disciplined and in readiness for 
service ; but all such inhabitants of this State of any 
religious denomination whatever as from scruples of 
conscience may be averse to bearing arms, shall be 
excused therefrom upon such conditions as shall be pre- 
scribed by law. 

Sec. 2. Militia officers shall be chosen, or appointed, 
as follows : Captains, subalterns, and non-commis- 
sioned officers shall be chosen by the written votes of 
the members of their respective companies. Field offi- 
cers of regiments and separate battalions by the written 
votes of the commissioned officers of the respective 
regiments and separate battalions ; Brigadier-Generals 
and brigade inspectors by the field officers of their 
respective brigades ; Major-Generals, Brigadier-Generals 

• Section 9 added by vote of the people, November 3, 1874. 



62 CONSTITUTION OF STATE OF NEW YORK. 

and commanding officers of regiments or separate bat« 
talions, shall appoint the staff officers to their respective 
divisions, brigades, regiments or separate battalions. 

Sec. 3. The Governor shall nominate, and with the 
consent of the Senate, appoint all Major-Generals and 
the Commissary-general. The Adjutant-general and 
other Chiefs of staff departments, and the Aides-de- 
camp of the Commander-in-Chief, shall be appointed by 
the Governor, and their commissions shall expire with 
the time for which the Governor shall have been elected. 
The Commissary -general shall hold his office for two 
years. He shall give security for the faithful execution 
of the duties of his office in such manner and amount 
as shall be prescribed by law. 

Sec. 4. The Legislature shall, by law, direct the time 
and manner of electing militia officers, and of certify- 
ing their elections to the Governor. 

Sec. 5. The commissioned officers of the militia shall 
be commissioned by the Governor ; and no commissioned 
officer shall be removed from office, unless by the Senate 
on the recommendation of the Governor, stating the 
grounds on which such removal is recommended, or by 
the decision of a court-martial, pursuant to law. The 
present officers of the militia shall hold their commis- 
sions subject to removal, as before provided. 

Sec. 6. In case the mode of election and appointment 
of militia officers hereby directed, shall not be found 
conducive to the improvement of the militia, the Legis- 
lature may abolish the same, and provide by law for 
their appointment and removal, if two-thirds of the 
members present in each house shall concur therein. 



CONSTITUTION OF STATE OF NEW YORK. 63 

♦ARTICLE XII. 

Section 1. Members of the Legislature (and all 
officers, executive and judicial, except such inferior 
officers as shall be by law exempted), shall, before they 
enter on the duties of their respective offices, take and 
subscribe the following oath or affirmation : " I do sol- 
emnly swear (or affirm) that I will support the Consti- 
tution of the United States, and the Constitution of the 
State of New York, and that I will faithfully discharge 
the duties of the office of , according to the 

best of my ability ; " and all such officers who shall 
have been chosen at any election shall, before they en- 
ter on the duties of their respective offices, take and sub- 
scribe the oath or affirmation above prescribed, together 
with the following addition thereto, as part thereof : 

"And I do further solemnly swear (or affirm) that I 
have not directly or indirectly paid, offered or promised 
to pay, contributed, or offered or promised to contribute, 
any money or other valuable thing as a consideration 
or reward for the giving or withholding a vote at the 
election at which I was elected to said office, and have 
not made any promise to influence the giving or with- 
holding any such vote," and no other oath, declaration 
or test, shall be required as a qualification for any office 
of public trust. 

ARTICLE XIII. 

Section 1. Any amendment or amendments to this 
Constitution may be proposed in the Senate and As- 
sembly ; and if the same shall be agreed to by a major- 
ity of the members elected to each of the two houses 

♦As amended by vote of the people, November 3, 1874. 



64 CONSTITUTION OF STATE OF NEW YORK. 

such proposed amendment or amendments shall be en- 
tered on their journals with the yeas and nays taken 
thereon, and referred to the Legislature to be chosen at 
the next general election of Senators, and shall be pub- 
lished for three months previous to the time of making 
such choice, and if in the Legislature so next chosen, 
as aforesaid, such proposed amendment or amendments 
shall be agreed to by a majority of all the members 
elected to each house, then it shall be the duty of the 
Legislature to submit such proposed amendment or 
amendments to the people, in such manner and at such 
time as the Legislature shall prescribe ; and if the 
people shall approve and ratify such amendment or 
amendments, by a majority of the electors qualified to 
vote for members of the Legislature, voting thereon, 
such amendment or amendments shall become part of 
the Constitution. ___ 

Sec. 2. At the general election to be held in the year 
eighteen hundred and sixty-six, and in each twentieth 
year thereafter, and also at such time as the Legislature 
may by law provide, the question, " Shall there be a 
convention to revise the Constitution, and amend the 
same ? " * shall be decided by the electors qualified to 
vote for members of the Legislature ; and in case a 
majority of the electors so qualified, voting at such 
election, shall decide in favor of a convention for such 
purpose, the Legislature at its next session shall pro- 
vide by law for the election of delegates to such con- 
vention. 

* A convention, held in 1867, pursuant hereto, proposed a 
new constitution, which was voted upon in parts, in Novem- 
ber, 1869, and rejected, except article six (sections 1 to 27, in- 
clusive). 



CONSTITUTION OF STATE OF NEW YOBK. 65 



ARTICLE XIV. 

Section 1. The first election of Senators and Mem- 
bers of the Assembly, pursuant to the provisions of 
this Constitution, shall be held on the Tuesday suc- 
ceeding the first Monday of November, one thousand 
eight hundred and forty-seven. The Senators and 
Members of Assembly who may be in office on the first 
day of January, one thousand eight hundred and forty- 
seven, shall hold their offices until and including the 
thirty-first day of December following, and no longer. 

Sec. 2. The first election of Governor and Lieutenant- 
Governor under this Constitution shall be held on the 
Tuesday succeeding the first Monday of November, one 
thousand eight hundred and forty-eight ; and the Gov- 
ernor and Lieutenant-Governor in office when this Con- 
stitution shall take effect, shall hold their respective 
offices until and including the thirty-first day of Decern, 
ber of that year. 

Sec. 3. The Secretary of State, Comptroller, Treas- 
urer, Attorney-General, District Attorneys, Surveyor- 
General, Canal Commissioners and Inspectors of State 
Prisons, in office when this Constitution shall take effect, 
shall hold their respective offices until and including 
the thirty-first day of December, one thousand eight 
hundred and forty-seven, and no longer. 

Sec. 4. The first election of Judges and Clerk of the 
Court of Appeals, Justices of the Supreme Court, and 
County Judges, shall take place at such time between 
the first Tuesday of April and the second Tuesday of 
June, one thousand eight hundred and forty-seven, as 

5 



66 CONSTITUTION OF STATE OF NEW YORK. 

may be prescribed by law. The said courts shall re- 
spectively enter upon their duties on the first Monday 
of July, next thereafter ; but the term of office of said 
Judges, Clerk and Justices as declared by this Consti- 
tution, shall be deemed to commence on the first day of 
January, one thousand eight hundred and forty-eight. 

Sec. 5. On the first Monday of July, one thousand 
eight hundred and forty-seven, jurisdiction of all suits 
and proceedings then pending in the present Supreme 
Court and Court of Chancery, and all suits and proceed- 
ings originally commenced and then pending in any 
Court of Common Pleas (except in the city and county 
of New York), shall become vested in the Supreme 
Court hereby established. Proceedings pending in 
Courts of Common Pleas, and in suits originally com- 
menced in Justices' Courts, shall be transferred to the 
County Courts provided for in this Constitution, in such 
manner and form and under such regulations as shall 
be provided by law. The Courts of Oyer and Terminer 
hereby established shall in their respective counties 
have j urisdiction on and after the day last mentioned of 
all indictments and proceedings then pending in the 
present Courts of Oyer and Terminer, and also of all 
indictments and proceedings then pending in the present 
Courts of General Sessions of the Peace, except in the 
city of New York and except in cases of which the 
Courts of Sessions hereby established may lawfully take 
cognizance ; and of such indictments and proceedings 
the Courts of Sessions hereby established shall have 
jurisdiction on and after the day last mentioned. 

Sec. 6. The Chancellor and the present Supreme 



CONSTITUTION OF STATE OF NEW YOKK. 67 

Court shall, respectively, have power to hear and deter- 
mine any of such suits and proceedings ready on the 
first Monday of July, one thousand eight hundred and 
forty-seven, for hearing or decision, and shall, for their 
services therein, be entitled to their present rates of 
compensation until the first day of July, one thousand 
eight hundred and forty-eight, or until all such suits 
and proceedings shall be sooner heard and determined. 
Masters in Chancery may continue to exercise the func- 
tions of their office in the Court of Chancery, so long as 
the Chancellor shall continue to exercise the functions 
of his office under the provisions of this Constitution. 
And the Supreme Court hereby established shall also 
have power to hear and determine such of said suits and 
proceedings as may be prescribed by law. 

Sec. 7. In case any vacancy shall occur in the office of 
Chancellor or Justice of the present Supreme Court, 
previously to the first day of July, one thousand eight 
hundred and forty-eight, the Governor may nominate, 
and by and with the advice and consent of the Senate, 
appoint a proper person to fill such vacancy. Any Judge 
of the Court of Appeals or Justice of the Supreme 
Court, elected under this Constitution, may receive and 
hold such appointment. 

Sec. 8. The offices of Chancellor, Justice of the ex- 
isting Supreme Court, Circuit Judge, Vice-Chancel- 
lor, Assistant Vice-Chancellor, Judge of the existing 
County Courts of each county, Supreme Court Commis- 
sioner, Master in Chancery, Examiner in Chancery, and 
Surrogate (except as herein otherwise provided), are 
abolished, from and after the first Monday of July, one 
thousand eight hundred and forty-seven. (1847). 



68 CONSTITUTION OF STATE OF NEW YORK. 

Sec. 9. The Chancellor, the Justices of the present 
Supreme Court, and the Circuit Judges, are hereby de- 
clared to be severally eligible to any office at the first 
election under this Constitution. 

Sec. 10. Sheriffs, Clerks of Counties (including the 
Register and Clerk of the City and County of New 
York), and Justices of the Peace, and Coroners, in office 
when this Constitution shall take effect, shall hold their 
respective offices until the expiration of the term for 
which they were respectively elected. 

Sec. 11. Judicial officers in office when this Constitu- 
tion shall take effect may continue to receive such fees 
and perquisites of office as are now authorized by law, 
until the first day of July, one thousand eight hundred 
and forty-seven, notwithstanding the provisions of the 
twentieth section of the sixth article of this Constitution* 

Sec. 12. All local courts established in any city or vil- 
lage, including the Superior Court, Common Pleas, Ses- 
sions and Surrogates' Courts of the City and County of 
New York, shall remain, until otherwise directed by 
the Legislature, with their present powers and jurisdic- 
tions ; and the Judges of such Courts and any clerks 
thereof in office on the first day of January, one thou- 
sand eight hundred and forty-seven, shall continue in 
office until the expiration of their terms of office, or 
until the Legislature shall otherwise direct. 

Sec. 13. This Constitution shall be in force from and 
including the first day of January, one thousand eight 
hundred and forty-seven, except as is herein otherwise 
provided. 



CONSTITUTION' OF STATE OF NEW YORK. 69 

* ARTICLE XV. 

Section 1. Any person holding office under the laws 
of this State, who, except in payment of his legal salary, 
fees or perquisites,' shall receive or consent to receive, 
directly or indirectly, any thing of value or of personal 
advantage, or the promise thereof, for performing or 
omitting to perform any official act, or with the express 
or implied understanding that his official action or omis- 
sion to act is to be in any degree influenced thereby, 
shall be deemed guilty of a felony. This section shall 
not affect the validity of any existing statute in relation 
to the offense of bribery. 

Sec. 2. Any person who shall offer or promise a bribe 
to an officer, if it shall be received, shall be deemed 
guilty of a felony and liable to punishment, except as 
herein provided. No person offering a bribe shall, 
upon any prosecution of the officer for receiving such 
bribe, be privileged from testifying in relation thereto, 
and he shall not be liable to civil or criminal prosecution 
therefor, if he shall testify to the giving or offering of 
such bribe. Any person who shall offer or promise a 
bribe, if it be rejected by the officer to whom it is 
tendered, shall be deemed guilty of an attempt to bribe, 
which is hereby declared to be a felony. 

Sec. 3. Any person charged with receiving a bribe, or 
with offering or promising a bribe, shall be permitted to 
testify in his own behalf in any civil or criminal pros- 
ecution therefor. 

Sec. 4. Any district attorney who shall fail faithfully 

•Article 15, added by vote of the people, Nov. 3, 1874. 



70 CONSTITUTION OF STATE OF NEW YORK. 

to prosecute a person charged with the violation in his 
county of any provision of this article which may come 
to his knowledge, shall be removed from office by the 
Governor, after due notice and an opportunity of being 
heard in his defense. The expenses which shall be 
incurred by any county, in investigating and prosecuting 
any charge of bribery or attempting to bribe any per 
son holding office under the laws of this State, within 
such county, or of receiving bribes by any such person 
in said county, shall be a charge against the State, and 
their payment by the State shall be provided for by law. 

* ARTICLE XVI. 

Section 1. All amendments to the Constitution shall 

be in force from and including the first day of January 

succeeding the election at which the same were adopted % 

except when otherwise provided by such amendments. 

Done, in Convention, at the Capitol in the city of 
Albany the ninth day of October in the year one 
thousand eight hundred and forty-six, and of the 
Independence of the United States of America the 
seventy-first. 

In witness whereof, we have hereunto subscribed 
our names. 

JOHN TRACY, President 
and Delegate from the County of Chenango.} 

JAMES F. STARBUCK, ) 

H. W. Strong, [• Secretaries. 

Fr. Seger, ) 

♦Article 16, added by vote of the people, Nov. 3, 1874. 



CONSTITUTION OF STATE OF NEW YORK. 7l 



Vote of the People upon the Constitution and its Amend- 
ments. 

Nov. 4, 1845. For a convention to consider and 

alter Constitution 213, 257 

Against 33, 860 

Nov. 3, 1846. For amended Constitution 221, 528 

Against 92, 436 

Feb. 15, 1854. For amendment of section 3, of 
article 7, for speedy completion 

of canals 185, 771 

Against 60, 526 

Nov. 6, 1866. For a convention to revise Consti- 
tution 352, 854 

Against 256, 364 

Nov. 2, 1869, For the amended Constitution. . . 223, 935 

Against 290,456 

Nov. 2, 1869. For the amended Judiciary article. 247, 240 

Against 240,442 

Nov. 5, 1872. For amendment of article 6, relat- 
ing to Commission of Appeals. 176, 038 

Against 9, 196 

Nov. 3, 1874. For amendment of article 2 357, 635 

Against 177,033 

* 4 u For amendment of article 3, sec- 
tions 1 to 8 325, 904 

Against 206, 029 

" " For amendment of article 3, sec- 
tions 17 to 25 435,313 

Against 98, 050 



72 CONSTITUTION OF STATE OF NEW YOKK. 

Nov. 3, 1874. For amendment of article 4 336, 197 

Against 196, 125 

" For amendment of article 7 428, 190 

Against 104, 139 

" " For amendment of article 8, sec- 
tions 4 and 11 337, 891 

Against 194, 236 

* u For amendment of article 8, sec- 

tion 10 336,237 

Against 195, 047 

" " For amendment of article 10 335, 548 

Against 194, 933 

" " For amendment of article 12 352, 514 

Against 179,365 

• " For new article, 15 351,693 

Against 177,923 

« " For new article, 16 446, 883 

Against 85, 758 



INDEX 



CONSTITUTION OF THE STATE OF NEW YORK. 



Art. Sec, 

Acadamies, support of. 9 1 

Actions or suits, not to be affected 1 18 

by or against corporations 8 3 

Adjournment, neither house to adjourn without consent of 

the other 3 11 

Adjutant-general, appointment and tenure of office 11 3 

Agricultural land, certain leases or grants to be void 1 14 

Alienation of lands, restraints upon, to be void .. 1 15 

Amendments to constitution, when to go into effect 16 1 

to bills, may be made in either house 3 13 

to the constitution [see Constitution] 13 1 

Appeals, court of [see court of Appeals] 6 2 

Appropriation laws, to be passed within two years 7 8 

to specify distinctly sum appropriated 7 8 

bills, how to be passed .. 3 21 

Assembly, number of members 3 2 

members not to receive civil appointments 3 7 

who ineligible to 3 8 

number, when and how apportioned and chosen 3 5 

districts, how and when formed when reorganized 3 5 

compensation of members. 3 6 

members not to receive state civil appointments 3 7 

accepting U. S. office, vacates seat of member 3 8 

election to be held in November 3 9 

to Judge of qualifications, elections, etc 3 10 

to choose its own officers 3 10 

to keep a Journal, and publish the same. 3 11 

to sit with open doors, except, etc 3 11 



74 INDEX TO CONSTITUTION. 

Art. Sec. 

Assembly, not to adjourn without consent of the senate...... 3 11 

members not to be questioned elsewhere for words said in 

debate - 3 12 

majority of, necessary to pass bills .. 3 15 

has the power of impeachment 6 1 

first election of members. 14 1 

Assistant vice-chancellor, office abolished 14 8 

Attorney-general, election and tenure of office 5 1 

compensation, not to receive fees 5 1 

commissioner of land office 5 5 

commissioner of the canal fund 5 5 

member of the canal board 5 5 

when incumbent to go out of office 14 3 

Attorney, district (see District attorney)|. 10 1 

Ayes *nd noes, on final passage of bills .. .. 3 15 

to oe entered-on journal 3 15 

on bills returned by governor with objections 4 9 

on removal of judicial officers 6 11 

on certain bills to create debt « 7 12 

on tax and appropriation bills 7 14 

on amendments to the constitution .. .. 13 1 

Bail, excessive not to be required 1 5 

Ballot, elections to be by, except for town officers « 2 5 

Banking, no special charter for, to be granted 8 4 

suspension of specie payments not to be sanctioned 8 5 

stockholders to be individually liable . 8 7 

bill-holders preferred in cases of insolvency 8 8 

Bank notes or bills, to be registered, and security given 8 9 

to be first paid in cases of insolvency. 8 8 

Betting on elections, persons to be excluded from voting 2 2 

Bills, laws to be passed by 3 16 

private and local, title of- 3 14 

enacting clause of 3 15 

question on final passage M 3 15 

reported by commissioners to revise the statutes, sections 17 

and 18 of this title not to apply to 3 25 

returned from governor with objections .. 4 9 

must be signed in thirty days after adjournment, or cannot 

become a law 4 9 

In bill appropriating money, governor maylobject tolone or 

more items 4 I 



INDEX TO CONSTITUTION. 75 

Art. Sec. 

Bills, to create debt « «..« .......... 7 12 

for tax and appropriations, three-fifths quorum _ 7 14 

Black River canal, to be completed 7 3 

not to be sold or leased .. « 7 6 

Borrowing money, state may borrow for deficit in sinking fund 7 5 

not exceeding $1,000,000 .. .. 7 10 

to repel invasion 7 11 

with assent of the people. „ 7 12 

cities and villages to be restricted in „ 8 9 

Bribery, persons guilty of. 2 2 

attempt at .. 15 2 

person attempting not privileged from testifying 15 2 

person accused of, may be witness in his own behalf 15 3 

expenses incurred in investigating charges of 15 4 

(See Officers.) 

Bridges, providing for building of. „..„ 3 18 

Brooklyn city court 6 12 

Judges, how chosen M 6 13 

compensation 6 14 

expenses, how defrayed 6 14 

official term of. .. 6 13 

to appoint chief Judge „ 6 12 

term of office of chief Judge .. 6 12 

vacancies in office of, how filled 6 12 

Buffalo, superior court of city of. 6 12 

Judges composing 6 12 

compensation of. « 6 14 

how chosen .. 6 13 

term of office of «. - 6 12 

6 13 

to appoint chief Judge from their uumber 6 12 

term of office of chief Judge .. 6 12 

vacancies, how filled- 6 12 

Canal board, of whom it shall consist 5 5 

its powers and duties 6 6 

may cancel contract 7 3 

members of canal board 5 5 

present, when to go out of office „ H 3 

Canal fund commissioners [see commissioners Gf canal fund]. 

Canals (see superintendent of public works) 5 3 



h i6 INDEX 10 CONSTITUTION. 

Art. Sec, 

Canals, revenues [see Revenues of canals]. 

to be completed -. 7 3 

contractors, no extra compensation to be made to 7 3 

expenditures for repairs, limited 7 6 

funds from sale of, how to be applied. .. 7 6 

not to be sold, leased or disposed of. 7 5 

Census of the state, when to be taken 3 4 

Chancellor, office of, abolished 14 8 

to hear causes tiH July, 1843 .. 14 6 

eligible at first election 14 9 

vacancy In oflice supplied by governor and senate 14 7 

Chancery [see Court of chancery]. 

Circuit judge, oflice of, abolished^. 14 S 

eligibte to oflice at first election 14 9 

Cities may be crea ed by special act 8 1 

to be restricted in their powers 8 9 

officers of, to be elected or appointed 10 2 

not to loan their money or credit 8 11 

not to become owners of stocks or bonds 8 11 

not to contract debts, except for city purposes 8 11 

Citizens, not to be disfranchised unless by law „ 1 1 

not to answer for crimes, except on indictments, etc 1 6 

not to be twice put in jeopardy for same offense 1 6 

City courts [see Courts in cities]. 

County seats, change ot 3 IS 

Crime, no one to answer except on presentments, etc 1 6 

Criminal cases, no one to be witness against himself. 1 6 

Clerk of court of appeals, compensation 6 20 

to bo paid out of public treasury - 6 60 

to be appointed by court « 6 2 

to keep his office at seat of government 6 20 

Clerk of the supreme court, county clerks to be 6 19 

Clerks of counties [see County clerks]. 

Clerks and register of New York city, election and tenure 10 1 

how removed : to be heard in defense ~ 10 1 

time of election - 10 4 

vacancy, how filled.. 10 * 

to hold unexpired terms ~ 14 10 

credit of the gtate not to be loaned ~ 7 9 

of cities and villages, to be restricted 8 9 

Code, commissioners to reduce laws into ~ 1 17 

Colonial acts, the law of this state • 1 17 



INDEX TO CONSTITUTION. 77 

Art. Sec. 

Colored persons, what, entitled to vote 2 1 

certain, not to be taxed ~...... 2 1 

Commission of appeals, term of service may be extended „ 28 

Commissioners, canal [see Canal commissioners]. 

Commissioners of appeals, causes undetermined by, how dis- 
posed of. .. ~ 6 5 

decisions to be certified to 6 5 

five to be appointed 6 4 

four to constitute a quorum 6 4 

commission to continue no longer than three years 6 5 

reporter of court of appeals to act for 6 5 

when to enter upon duties 6 24 

vacancies, to be filled by governor 6 5 

appointments to fill, when to expire .-. „ 6 5 

Commissioners of the canal fund, who shall be 5 5 

powers and duties „ 5 6 

Commissioners of the land office, who shall be 5 5 

powers and duties 5 6 

may sell land contiguous to the salt springs 7 7 

Commissioners to form code and report to the legislature 1 17 

vacancies, how supplied, and compensation 1 17 

of supreme court, office abolished 14 8 

Commissary-general, appointment and tenure of office 11 3 

to give security 11 3 

Common law, part of the law of this state 1 17 

Common pleas court, business transferred 14 5 

judges of, abolished 14 8 

Common school fund, capital inviolate 9 1 

income, how applied 9 1 

Compensation of members of the legislature 3 6 

of the governor , 4 4 

of the lieutenant-governor 4 8 

of Judges of court of appeals and justices of supreme court. 6 14 

of county Judges 6 15 

of justices of city court 6 14 

Comptroller, election of, and tenure of office 5 1 

compensation, not to receive fees 5 1 

commissioner of tbe land office 5 f 

commissioner of the canal fund 5 & 

member oi the canal board 5 5 

when present incumbent to go out of office 14 3 



78 INDEX TO CONSTITUTION. 

Art. Sec. 

Congress, members of, Ineligible to the legislature 3 8 

Conscience, liberty of, not to excuse acts of licentiousness 1 

Conscience, persons exempt from military duty 11 

Constitution, how amended 13 

majority of each house necessary to propose amendments 

to 13 

amendments to be published before election of senators 13 

majority of each house of next legislature must agree to 

amendments 13 

amendments to be approved by a majority of electors voting 13 

when to take effect 14 1 

Contractors, no extra compensation to 7 3 

granting privileges to .. 3 18 

Convention to revise the constitution, when question to be sub- 
mitted - 13 2 

majority of electors voting at the election, necessary 13 2 

delegates to be elected. 13 2 

Coroners, election and tenure of office .. 10 1 

governor may remove, after hearing defense 10 1 

time of election ~ - 10 4 

to hold unexpired term ...... - ~ - 14 10 

Corporate rights or charters not affected 1 18 

Corporations, to be formed under general laws 8 1 

by special acts in certain cases .. 8 1 

general laws may be altered. ~ 8 1 

dues from, how secured - 8 2 

d. fined, to sue and be sued in all courts 8 3 

for banking, not to be created by special act - 8 4 

bank notes to be registered and secured .. 8 6 

stockholders in banks individually liable .. 8 7 

bank notes to be first paid « 8 8 

restrictions on municipal ~ 8 9 

County clerks to be clerks of supreme court. 6 20 

election, tenure of office and how removed « 10 1 

time of election ~ 10 4 

vacancies, how filled « 10 5 

to hold unexpired terms « - 14 10 

powers and duties of. - 6 20 

to be clerks of supreme court. ~ - 6 20 

County courts, powers and Jurisdiction 6 IS 



INDEX TO CONSTITUTION. 79 

Art. Sec. 
County Judge, election or appointment of, question to be sub- 
mitted .'. .. 6 17 

and surrogate, legislature may.provide for election of persons 

to perform duties of 6 16 

may not practice as attorney or act as referee .. 6 21 

salary of «. 6 15 

tenure of office of present incumbent 6 15 

to'hold county court and act as surrogate .. 6 15 

with two Justices of the peace, to bold courts of sessions 6 15 

restriction as to age 6 13 

County, not to be divided in forming senate districts, except, 

etc 3 4 

County, each county to have member of assembly, except Ham- 
ilton 

supervisors may have power of local legislation 

not to be liable for acts of sheriff. « 

not to loan its monejion credit 

not to become owner of stock or bonds « 

not to incur debts, except for county purposes 

officers to be elected or appointed according to law 10 

Jourt of appeals, attendants, court may appoint and remove.... 

causes in, January 1, 1869, how disposed of 

in present, to be vested in court hereby established 6 

certain, to be heard and determined by a commission.... 

clerk, court to have power of appointment 

reporter may be appointed by 

commission, of whom to be composed 

four to constitute a quorum 

reporter [of 

vacancies in office of, how filled 

term of service may be extended .. 

concurrence of four Judges necessary to decision .. 

Judges, how and when chosen 

compensation of....— 

not to be diminished during term of office 

how removed » M 

may not practice as attorney, or act as referee .......... 

not to hold other office of public trust 

restriction as to age .. 

vacancies in office of, how filled 

when to enter upon duties - ■ M nm „,n ^..... 



3 


5 


3 


17 


10 


1 


3 


11 


8 


11 


3 


11 


10 


2 


6 


2 


6 


4 


6 


4 


6 


4 


6 


2 


6 


2 


6 


4 


6 


4 


6 


5 


6 


5 


6 


28 


6 


2 


6 


2 


6 


11 


6 


14 


6 


11 


6 


21 


6 


10 


6 


13 


6 


3 


6 


24 



80 INDEX TO CONSTITUTION". 

Art. Sec 
Court of Appeals, Judgments of certain courts of record In cities 

may be removed directly to, for review 6 22 

of whom composed' 6 2 

powers and Jurisdiction of, not to be suspended by reason of 

non-appointment, etc .. 6 3 

quorum in 6 2 

Court of chancery to decide causes till July, 1848 14 6 

business to be transferred .. ^ 14 5 

masters in chancery to act .. 14 6 

Courts of general sessions, business transferred 14 5 

Courts of oyer and terminer, justice of supreme court may pre- 
side In ~ 6 7 

inferior local may be established by legislature 6 19 

Courts of record in cities judgmentof, may be removed to court 

of appeals for review 6 22 

Courts of sessions, by whom held .. ... 6 15 

of special sessions, Jurisdiction.. .... n 6 26 

Court, supreme, old : 

to hear causes till July, 1848 « ~ 14 6 

vacancy to be filled .. 14 7 

Credit or money of state, not to be loaned .. 8 10 

Debate, legislative, freedom of, secured ,. 3 12 

1 

1 

2 

2 

5 

10 

10 

11 

11 

12 

12 

12 

12 

12 

12 

12 



Debt, revenues of canal to pay yearly, $1,300,000 

1,700,000 

350,000 

1,500,000 

to supply deficit in sinking fund 

not to exceed $1,000.000 

money borrowed, how to be used 

to repel invasion, repress insurrection, etc 

money borrowed, how to be used 

not to create other, without providing for payment. 

nor without being approved by the people 

law for, how to be passed and question on 

may be repealed in part 

tax for debt incurred, not repealable 

act to be submitted after three months 

but not at a general election ~ ~ 

cities and villages, to be restricted in creating 8 9 

Debts, obligation of, not to be impaired «... 1 IS 



INDEX TO CONSTITUTION. 81 

Art. Sec. 

Debts, due the state from corporations, to be enforced.- 7 4 

due the state, time of payment may be extended....... 7 4 

Decisions, Judicial, to be published .................................... 6 23 

publication to be free ........ 6 23 

of courts of record in cities, may be removed into court of 

appeals for review .. 6 22 

District attorneys, election and^tenure of office........................... 10 1 

governor may remove, to be heard in defense 10 1 

time of election .. .. .. 10 4 

incumbent, when to go out of office......... 14 3 

may be removed for not prosecuting certain offenses. 15 4 

Districts, assembly, how and when altered ~ 3 5 

Districts, judicial [see Judicial districts sf supreme court.] 

Districts, senate - 3 3 

how and when altered .. - .. 3 4 

Divorce not to be granted without judicial proceedings 1 10 

Duration of office, when not fixed by law 10 3 

Elections, to be by ballot 2 ft 

of members of the legislature, when held 3 9 

of governor and lieutenant-governor 4 3 

secretary of state, and other state officers 5 1 

of sheriffs, etc. .. .. 10 1 

Judges, justices of supreme court, etc 14 4 

opening of, etc « « - 3 18 

Electors, qualifications of. - 2 i 

persons offering or receiving bribe excluded from right to 

vote .. 2 2 

convicted of infamous crime may be excluded from- 2 2 

what constitutes residence of „ 2 3 

Engineer [see State engineer and surveyor.] 

Enumeration of inhabitants, when taken....... 3 4 

Erie canal, enlargement to be completed 7 3 

not to be sold, leased, etc- „ 7 6 

Escheat to the people 1 ii 

Examiner In chancery, office abolished .. 14 » 

Executive power vested In governor - 4 1 

Fees, secretary of state not to receive, to his use ft 1 

comptroller, treasurer and attorney-general do 5 l 

no Judicial officer to receive fees, except Justice of the peace 6 2A 



S2 INDEX TO CONSTITUTION. 

Art. Sec. 

Fees, certain Judicial officers may receive, till July, 1847 ~....~.... 14 11 

of public officers. .. 3 18 

Feudal tenures, abolished .. - 1 12 

Fines, excessive, not to be imposed .. 1 ft 

and quarter sales to be void....... •?"yy 1 1ft 

Freedom of speech and press secured ......... ~. .............. ........ 1 8 

debate in legislature secured ~ 3 12 

religion 1 3 

Fund, sinking [see Sinking Fund, Common School fund, Liter- 
ature fund, United States deposit fund.] 

no money paid from, without appropriation ~ 7 ft 

Gauging, office for, abolished ■.■■■*■ ■ . . ... n ■ ,, 6 8 

General sessions, courts of, business transferred _■■■ ■ 14 6 

Genesee Valley canal, to be completed 7 3 

not to be sold pr leased 7 6 

Government expenses from canal revenues, $200,000 7 3 

350,000 .. 7 3 

M " " 672,500 7 3 

Governor, executive power vested in, and term of office 4 1 

who eligible - .. .......... 4 2 

when and how elected - 4 3 

commander-in-chief, etc...... 4 4 

to communicate by message 4 4 

to convene legislature, or senate only 4 4 

to execute laws, compensation, residence .......... 4 4 

to grant reprieves, pardons, etc ..•«_... 4 ft 

to suspend execution in cases of treason 4 ft 

to report pardons and reprieves yearly .........._... 4 

when out of state, at head of military force ~..~~.. 4 6 

not to appoint members of the legislature to office... 3 7 

to sign bills if he approve ~ -... — .... 4 9 

may object to one or more items in a bill appropriating 

money, and approve the rest .... ...~... 4 9 

to approve bill in thirty days after adjournment or It cannot 

become a law M .... M .... MM . MM .... M 4 9 

If disapproved, to be returned with objections 4 9 

to determine by lot the terms of inspectors of state prisons. 6 4 

to All vacancy in office 5 4 

may suspend treasurer, etc ft 7 

may appoint another to perform duties. ft 7 



INDEX TO CONSTITUTION. 83 

Art. Sec. 
Governor, may remove sheriff, county clerk, district attorney 

and coroner .. 10 

may remove district attorneys for not prosecuting certain 

offenses - 15 

may appoint with consent of senate, major-generals and 

commissary-generals 11 

to nominate chancellor and Justice of supreme court. 14 

first election of. .. H 

Grants, certain, with rents reserved, void .. 1 1 

from king of Great Britain « .. 1 18 

Habeas corpus, not to be suspended, except, etc 1 

Hamilton county, to elect members with Fulton 3 

Impeachment, articles of, preferred against Judicial officer, 

effect of .. « 6 

assembly to have power of .. 6 

concurrence of two-thirds necessary to convict .. 6 

court for trial of, of whom composed - 6 

duty of governor relative to 4 

duty of members of court of. 6 

Judgment in cases of conviction, to what to extend 6 

members of court to be sworn 6 

on trial of governor, lieutenant-governor may not act as 

member of court - 6 

parties impeached, liable to indictment and punishment, 

according to law 6 

Indians, purchase of lands from, void 1 

Indictment, not to be tried without, 1 

persons convicted on impeachment, liable to 6 

Infamous crime, not to answer for, unless on presentment, etc., 1 

persons guilty may be deprived of right to vote 2 

Inferior local courts, may be established 6 

Inspections, all officers for, abolished, and not to be created .... 5 8 

Interest, regulating rate of. 3 18 

Invasions, etc., debt may be created for 7 1 

money raised, how used 7 1 



84 INDEX TO CONSTITUTION. 

Art. Sec. 

Jeopardy, not to be put twice In, for same offense .. 1 6 

Journals of each house to be kept and published, except, etc. ... 3 11 

yeas and nays to be entered In .. 3 15 

obi ectlons of governor to be entered on 4 9 

Judge of the old county court, office of, abolished 14 8 

Judges of court of appeals, term of office . .., .. «. w ... 6 2 

first election of. .. .. 6 2, 24 

five to form a quorum « .. 6 2 

concurrence of four necessary to a decision. 6 2 

vacancies, how filled 6 3 

when governor may appoint to fill 6 3 

appointees to fill, terra of office - 6 3 

powers and Jurisdiction, not suspended In certain cases 6 3 

shall not sit in review of case decided by him 6 8 

not to hold any other office of public trust .. 6 10 

votes given for, to be void 6 10 

may be removed by concurrent resolution of both houses 

of legislature 6 11 

removals, cause to be entered on Journals. 6 11 

accused to have opportunity of defense .... 6 11 

chief judge and associate, manner of appointment of, to be 

submitted to the people 6 17 

may not practice as attorney or counselor In any court of 

record in this state, or act as referee 6 21 

when to enter upon their duties 6 24 

to be member of court of impeachment .. 6 1 

not to hold office after seventy years of age 6 13 

Judges of courts of record, may not practice as attorneys or act 

as referees 6 12 

Judicial decisions, free for publication « 6 23 

officers, except Justices of the peace, not to receive fees or 

perquisites of office 6 21 

legislature to direct time and manner of appointment 6 19 

may not serve after seventy years of age 6 13 

first election of. ~ ~ ~ 14 4 

those now in office may receive fees 14 11 

Jurisdiction of courts, when to be transferred- 14 8 

Jurors, drawing, etc., of. 3 18 

Jury, right of trial by, secured, when waived 1 2 

to assess value of property = 1 7 

In libel cases, to determine law and fact 1 8 

first election of - 14 4 



INDEX TO CONSTITUTION. 85 

Art. Sec. 

Justice of the old supreme court, office of, abolished 14 8 

to act tiU July, 1848 .. .. 14 6 

eligible at first election............. 14 9 

to hold unexpired terms .. 14 10 

Justices of peace, and district court justices , election of 6 18 

election and tenure of office 6 18 

expiration of term of those in office 6 21 

may be removed for cause, after opportunity for defense 6 18 

may receive fees 9 21 

may hold courts in other counties * 6 15 

members of court of sessions .-. « 6 15 

compensation as such 6 15 

number and classification regulated. <*. 6 18 

to be elected at annual town meetings ~ « 6 18 

to hold unexpired terms 6 18 

of peace, vacancy how filled 6 18 

of supreme court, term of office of present incumbents. 6 6 

how many to reside in each district .. 6 6 

number necessary to hold general terins.. 6 7 

presiding, to act as such during term of office ~ 6 7 

may not sit in review of decision made by court of which he 

was at the time a member 6 8 

vacancies, how filled 6 9 

may not hold any other office of public trust 6 10 

votes for, other than for judicial office, void 6 10 

may be removed by concurrent resolution passed by two- 
third vote 6 11 

removals, cause to be entered on Journals 6 11 

question on, how taken 6 11 

to be chosen by electors of respective Judicial districts 6 13 

official term - 6 13 

not to hold office after seventy years of age ~ 6 13 

compensation 6 13 

not to be diminished during term of office 6 13 

question as to manner of appointment to be submitted to 

people .. 6 17 

may not receive to his own uses any fee or perquisites of 

office 6 21 

may not practice as attorney or act as referee 6 21 

may not serve after seventy years of age « 6 13 

to appoint reporter 6 21 



86 INDEX TO CONSTITUTION. 

Art. Sec. 
King of Great Britain, grants of land by I 18 

Land office, commissioners of m 5 5 

Land purchases from Indians void, unless, etc 1 16 

Land, ultimate property in M „ 1 u 



all to be allodial.. 



certain leases over twelve years void .. 1 

Law and equity, supreme court of 6 

Laws to be enacted by bill only m 3 



1 13 
14 

6 

existing laws, how, made part of an act 3 17 

to be enforced by governor „ 4 4 

certain, to be submitted to the people 7 12 

mode of enacting [see Bills]. 

Legislature, what constitutes 3 1 

who is ineligible to 3 g 

compensation of members of. 3 g 

members not to receive civil appointments 3 7 

when elected 3 « 

majority constitutes a quorum 3 jq 

each house to determine its own rules 3 10 

each house to chose its own officers 3 jq 

each house to Judge of elections, etc 3 10 

each house to keep a Journal, etc 3 \\ 

each house to keep open doors m 3 u 

each house not to adjourn without consent „ 3 \\ 

freedom of debate in, secured 3 

to pass general laws mmmmm 3 ^ 

not to pass private or local bills in certain cases 3 is 

not to audit or allow a private claim '. 3 19 

may confer powers of local legislation '..[...". 3 23 

not to grant extra compensation to public officers 3 24 

to elect governor and lieutenant-governor in certain cases... 4 3 

extra session of, how called 4 4 

may authorize judgments, etc., of courts of record in cities 

removed to court of appeals for review 6 22 

to direct as to appointment of judicial officers 6 19 

to provide for publication of all statutes ....'". 6 2 

vote on removal of certain Judicial officers, how taken 6 11 

to be entered on Journals 5 -\\ 

to create corporations by general laws g 1 

to provide for organization of cities and villages 8 9 

to restrict the powers of cites and villages 8 9 



12 



INDEX TO CONSTITUTION. 87 

Art. Sec. 

Legislature, to provide for filling vacancies In office 10 8 

legislative term, when to commence 10 6 

when to assemble 10 6 

to provide removal of officers............ 10 7 

to declare what constitutes vacancy -.....-. .. 10 8 

to fix time for electing mllitia«officers .. 11 4 

may change mode of choosing officers 11 6 

to provide for delegates to convention 13 2 

to pass general laws .. „ — 3 18 

Liability of corporations and stockholders. 8 2 

In banking business. 8 7 

Libel, truth to be given in evidence. 1 s 

law and facts to be.determined by the Jury 1 8 

Liberty of conscience not to Justify acts of licentiousness, etc. . 1 3 

Lieutenant-governor, election and tenure of office 4 1 

qualifications and eligibility .. 4 7 

president of the senate and casting vote 4 7 

compensation of................... m 4 8 

not to receive fees or perquisites. 4 8 

commissioner of the land office 5 5 

commissioner of the canal fund...... 5 5 

member of canal board - - 5 5 

member of the court for the trial of impeachments _ 6 1 

not to sit on trial of governor. 6 1 

first election of 14 2 

Life and liberty, not to be deprived of, without, etc 1 6 

Limitation of claims against state 7 14 

Literature fund inviolate, and revenues how applied. 9 1 

Local bills, to embrace but one subject 3 10 

subject to be expresed In title 3 10 

Local Judicial officers, in office, expiration of term of office 6 25 

legislature may provide for election of two, to perform duties 

of county Judge and surrogate 6 10 

Local legislation, may be conferred on supervisor 8 3 17 

Lotteries prohibited 1 io 

Majority of each house necessary to form a quorum - 3 lo 

to pass bills ........ 3 ia 

Master in chancery, office of, abolished. .......... 14 $ 

to act until July, 1848 - m 14 * 

Measures and weights, standard of, how supplied 5 g 

Measuring, office for, abolished, and not to be created „ 5 g 



88 INDEX TO CONSTITUTION". 

Art. Sec. 

Message, governor to communicate by, to the legislature..... 4 4 

objections to bill . 4 9 

Militia, governor commander-in-chief of . 4 5 

to be armed and disciplined 11 l 

exemptions on religious scruples •,..~... 11 1 

officers of, how chosen . . . 11 2 

major-generals and commissary-general of, how appointed... 11 3 
adjutant-general and chiefs of staff departments, how ap- 
pointed . 11 3 

time of choosing militia officers. . 11 4 

officers, how commissioned 11 5 

officers, how removed . 11 5 

legislature may change mode of choosing officers 11 6 

Money, not to be paid without appropriation, in two years......... 7 8 

when borrowed, how used . 7 10 

7 11 

~...~ 7 12 



Municipal corporations, may be created by special acts 8 1 

legislature to provide for organization of 8 9 

legislature to restrict powers of taxation, debt, etc 8 9 

Names, change of 3 18 

New York city, senate districts In 3 3 

courts In, to continue until altered- 14 12 

superior court contiued until altered 14 12 

court of common pleas in 6 12 

Judges, compensation of. 6 14 

first election of 6 24 

how chosen 6 13 

may hold special terms of supreme court. 6 12 

term of office of- ~ 6 13 

vacancies In, how filled - 6 12 

when to enter upon duties 6 24 

Judges of court of common pleas, restriction as to age 6 13 

expenses how defrayed- 6 14 

power and Jurisdiction of. 6 12 

superior court of city of. -~.. 6 12 

chief Judge to be appointed 6 12 

compensation of judges 6 14 

expenses, how defrayed 6 14 

fudges of, may be detailed and hold special terms of 

supreme court 6 12 



INDEX TO CONSTITUTION. 89 

Art. Sec. 
New York city, superior court of, vacancies in office of Judge* 

of, how filled - 6 12 

New York superior court Judges, term of office of........ ~.~... * IS 

Oath of office, form of, no other test required. 12 1 

Officers, state not to receive additional compensation. ............... 10 9 

not to receive fees or perquisites .. 10 9 

receiving anything of value, when a felony .. 15 1 

offering a bribe to, a felony 15 2 

attempt to bribe. 15 2 

county, how to be elected or appointed 10 2 

city and town, how to be elected or appointed 10 2 

other, elected or appointed as law shall direct « 10 2 

removal of other than judicial, local or legislative 10 7 

militia, how chosen m ■ 11 2 

major-generals, etc 11 3 

oath of. „.„ 12 1 

tenure of, when not fixed by law or constitution .................. 10 3 

Officers for weighing, inspecting, etc., abolished.. 5 8 

not to extend to office for protecting health, etc 5 8 

Oyer and terminer. [See court of.] 

Pardons and commutations, etc « 4 5 

laws may be passed regulating mode of applying for 4 5 

governor to report yearly 4 5 

Personal liability of stockholders and corporators, etc 8 2 

in banking corporations*. .. 8 7 

Petition, right of, not to be abridged 1 10 

Political year, when to begin 10 6 

President of the senate, lieutenant-governor, casting vote......... 4 7 

pro tern, when chosen. 3 10 

when to act as governor. 4 7 

Prisons, superintendent of 5 4 

Private or local bills, to embrace but one subject 3 16 

title of, to state the subject 3 16 

not to be passed in certain cases 3 18 

Private road, may be opened 1 7 

damages to be found by Jury 1 7 

Property, not to be taken without process of law 1 6 

without Just compensation 1 6 

value to be ascertained by Jury or commissioners 1 7 

by Jury for private road .... 1 7 



90 INDEX TO CONSTITUTION. 

Art. Sec 
Property, public, taken for local or private purposes requires 

two-thirds .......... 1 9 

ultimate, in lands, possessed by the state 1 11 

rights of, not affected .. 1 18 

Public money or property taken for local or private purposes 

requires two-thirds.... .. .. 1 9 

not to be paid without appropriation in two years 7 8 

Punishment, cruel or unusual, not to be inflicted I 5 

Qualification of members and election, each house to determine, 3 16 

Quarter sales to be void 1 15 

Question on bill to borrow money, how put •»...... 7 12 

Questions to be submitted to people ; election or appointment of 

judges, justices, etc 6 17 

Questions to be submitted; election or appointment of judge of 

court of appeals and Justice of supreme court 6 17 

Quorum, majority of eachihouse .. 3 10 

what to constitute in court of appeals .... 6 24 

three-fifths of each house required 7 14 

Railroad tracks, granting right to lay „ 3 18 

Register in New York [see clerk and register, New York city.] 

Religion, freedom in, secured 1 3 

of officers, other than Judicial, local or legislative ... 10 7 

Rent and services, certain, saved and protected 1 12 

Reporter of court of appeals, to be appointed by court.......... 6 2 

of supreme court to be appointed 6 23 

Reports of decisions to be published 6 23 

publication free to all ~ 6 23 

Reprieves, and pardons for offenses .. 4 6 

mode of applying for, may be regulated by law « 4 5 

to be communicated to the legislature yearly .. 4 5 

Residence, of electors, what shall be 2 3 

when not lost by absence 2 3 

of persons eligible to the office of governor 4 2 

Resolutions, certain, law of the state ~ 1 1' 

Revenues of canals, to pay superintendence and repairs 7 

to pay $1^00,000 on canal debt yearly ~ 7 

to pay $1,700,000 on canal debt yearly ..... — 7 

to pay §350,000 on general fund debt 7 

to pay $1,500,000 on general fund debt 7 



INDEX TO CONSTITUTION. 91 

Art. Sec. 

Revenues of canals, to repay deficiency In sinking fund .. 7 5 

to pay $200,000 to expenses of government. 7 3 

to pay $350,000 " ** 7 3 

to pay $672,500 " M 7 3 

Roads, laying out of, etc .. .......^ 3 18 

Rules, each house to determine its own 3 10 

Salt springs, not to be sold 7*7 

lands contiguous, may be sold. .. 7 7 

Savings banks, charters of m 8 4 

not to have capital stock .. .. .. 8 4 

trustees not to be interested in profits .. .. 8 4 

School fund, capital inviolate, and revenues how applied 9 1 

Secretary of legislative proceedings, when allowed 3 11 

Secretary of state, election and tenure of office 5 1 

compensation, not to receive fees...... 5 1 

commissioner of the land office 5 5 

of state, commissioner of the canal fund „ 5 5 

member of the canal board 5 5 

incumbent, when to go out of office .. 14 3 

Senate, number of senators ... 3 2 

who ineligible to — .... 3 8 

districts .. .. 3 2 

when and how altered, not to divide counties in forming.... 3 4 

compensation - ,.. 3 6 

not to receive civil appointments 3 7 

accepting U. S. office vacates seat of. 3 8 

majority to constitute a quorum 3 10 

to determine Its own rules, and Judge of elections, etc 3 10 

to keep and publish Journal, and open doors 3 11 

not to adjourn without consent of assembly 3 n 

freedom of debate secured 3 n 

majority requisite to pass bills .. 3 15 

question on bills to be taken by ayes and nays 3 15 

extra session may be convened 4 7 

president of, and president pro tem 4 4 

members of the court for the trial of impeachments 6 1 

appointments to certain offices to be made by governor 

and...... $ 9 

may remove militia officers on recommendation of governor, 11 ft 

may appoint on nomination of the governor \\ J 



92 INDEX TO CONSTITUTION. 

Art. Sec. 

Senate, first election of senators, etc. .. 14 

Incumbents, when to go out of office ~ 14 

Sheriffs, election and tenure of office. ■■..,. 10 

vacancy in office of - 10 

to hold no other office, and Ineligible for next term 10 

to renew security, and in default, office vacant - 10 

county not to be responsible for acts of - 10 

'governor may remove, and to be heard in defense 10 

time of election of. ~ 10 

Incumbent to hold unexpired term .. .. 14 10 

Sinking fund, $1,300,000 from canal revenues yearly 7 

$1,700,000 from canal revenues yearly .. 7 

$350,000 from canal revenues yearly 7 2 

$1,500,000 from canal revenues yearly 7 2 

If deferred, interest to be computed on 7 2 

dues from incorporated companies, part of. .. 7 4 

money may be borrowed on credit of 7 5 

money to be repaid from canal revenues 7 5 

to be invested in « ~ 7 13 

not to be diverted « .. 7 13 

Speaker of the assembly, commissioner of the land office 5 5 

compensation of...... 3 6 

Specie payments of banks, not to be suspended 8 7 

of bank bills to be secured .. 8 6 

Speech, freedom of, secured 1 8 

In legislative debate « 3 12 

State claims, against the state, not to be audited or'allowed 7 14 

State, not to loan its credit „ 7 9 

may create $1,000,000 debt 7 10 

not to loan its money or credit 8 10 

State engineer and surveyor, election and tenure of office 5 2 

♦o be practical engineer 5 2 

commissioner of land office .. 5 5 

member of canal board 5 5 

State prisons [see superintendent of prisons] 5 4 

Statutes, certain, law of this state 1 17 

Statutes and legal decisions, legislature to provide for speedy 

publication of. 6 23 

publication free to all .. 6 23 

Street railroads,consent of property owners and local authorities, 3 18 

commissioners In certain cases 3 18 



INDEX TO CONSTITUTION. 93 

Art. Sec, 

Suffrage, rights of 2 1 

who may he deprived of..... 2 2 

proofs of, how ascertained ; 2 4 

who excluded from.. . 2 2 

Suits, certain, not affected 1 18 

Superintendent of prisons 5 4 

of public works 5 3 

Supervisors of counties to make assembly districts............. 3 5 

of New York city to make senate districts . 3 3 

board of, in each county . . 3 22 

boards of, may have power of local legislation 3 23 

Supreme court, of whom composed. . 6 6 

presiding Justice to act as such during term of office 6 7 

general terms, of whom composed 6 7 

to be held in each judicial district 6 7 

Jurisdiction in law and equity 6 6 

reporter of decisions to be appointed 6 23 

decisions to be free for publication to all .. 6 23 

Justices, how chosen 6 14 

may not practice as attorney or act as referee .. 6 21 

not to hold other office or public trust . 6 10 

number of, to reside in each district 6 6 

official term of. 6 13 

special terms and circuit courts may be held by . 6 7 

vacancies in office of, how tilled 6 9 

may preside in courts of oyer and terminer 6 7 

restriction as to age . . 6 13 

commlsioner, office of, abolished 14 8 

old office of, abolished 14 8 

Surrogate, county Judge to act as 6 15 

courts of record may perform duties of, in certain cases 6 27 

election of may be provided for 6 16 

may be elected In counties where population exceeds 40,000, 6 15 

salary of 6 15 

election of special, may be provided for. 6 16 

tenure of office of present occupants 6 25 

term of office 6 15 

Surrogate's court, how relieved in certain cases 6 27 

Surveyor-general, when to go out of office. 14 3 

Surveyor, State [see Engineer and Surveyor.] 

Swamps, draining of. » 3 18 

Taxation, certain colored persons exempt from 2 1 

cities and villages to be restricted in power of. 8 9 



94 INDEX TO CONSTITUTION. 

Art. 8ec. 

Tax, direct, to support expense of government. 7 3 

to supply deficiency in sinking fund 7 5 

to be repaid from canal revenues « 7 5 

law imposing to state distinctly object of. 3 20 

bill for, to be passed by yeas and nays..... 3 21 

three-fifths make a quorum .. 3 21 

Testimony in equity cases, how taken 6 10 

Three-fifths necessary for quorum 7 U 

Title of bills, local and private .. 3 16 

Town, not to loan its money on credit .. 8 11 

not to become owner of stock or bonds 8 11 

not to contract debts except for town purposes .. 8 11 

Town officers to be elected or appointed .. 10 2 

Travel of members of the legislature, compensation for 3 6 

Treason, governor may suspend execution of sentence 4 5 

legislature may pardon 4 ft 

Treasurer, election and tenure of office of 5 1 

compensation of, not to receive fees .. 5 1 

commissioner of land office .. 5 1 

should be commissioner of canal fund 5 1 

member of the canal board ... 5 1 

may be suspended by governor and vacancy supplied.... 5 7 

incumbent, when to go out of office ~ 14 3 

Treasury, no money to be paid from, without appropriation. 7 8 

Tribunals of conciliation, and powers 3 26 

Two-thirds of all elected to pass certain bills ~ 1 9 

of all present on bill returned by governor 4 9 

of all present to change mode of electing militia officers, etc. 11 3 

United States officers. Judicial or military, not to hold seat In 

legislature 3 

deposit fund. Income of, how applied 9 

Vacancy In office of treasurer 6 

Judge of court of appeals and justice of supreme court 6 

sheriffs, etc. , how filled until next political year 10 

legislature to declare what constitutes 10 

provide for supplying ~ 10 

of present chancellor and Justices of supreme court 14 

Venue, ehange of. 3 

Veto of the governor ~ .. 4 



INDEX TO CONSTITUTION. 95 



Vice-chancellor, office of, abolished ...,..■ -....-....-....-. 

Villages may be created by special acts -....-....-....-.... 

to be restricted in powers of taxation................ 

officers in, to be elected or appointed - 10 

courts in, to continue until altered — ..-..^.„ 

incorporation of - -....-....-....-....- -......, 

not to loan their money or credit -... 

sot to become owners of bonds, etc..—.... ..- 

not to contract debts, except, etc....- - -......, 

Votes, certain, for members of the legislature, void , 

Weighing, all officers for, abolished. — ■ 

Weights and measures, standard of, how supplied , 

Witness, not incompetent on account of religious belief -..., 

not to be unreasonably detained -....- 

not to testify against himself in criminal cases. 

person charged with bribery may be in his own behalf. 

person offering a bribe not privileged from testifying 15 

Year, political and legislative term -....- 

Yeas and nays [see Ayes and nays. 1 



Art. Sec. 


. 14 


3 


8 


1 


8 


9 


. 10 


2 


. 14 


12 


3 


18 


. 8 


11 


. 8 


11 


. 8 


11 


3 


7 


5 


8 


5 


8 


1 


3 


1 


5 


1 


8 


. 15 


3 


. 15 


2 



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